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 .
Claims 1-20 are pending in the application
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation " the surface of the emulsified polymer particle" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear which surface of the emulsified polymer particle is being referred to, whether that be the surface of the core of the emulsified polymer particle, the shell of the emulsified polymer particle, the surface of the shell of the emulsified polymer, some combination of these, or a different surface altogether.
Claim Rejections - 35 USC § 102
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 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 1-8 and 10-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kaneda et. al (US Patent Application Publication No. 2017/0256800).
Regarding claims 1 and 2, Kaneda teaches an electrode binder composition for a rechargeable battery, comprising an emulsified ([0147]) polymer particle having a core-shell structure (abstract). The emulsified polymer particle satisfies Relational Expression 1, AC-Core < AC-Shell, and Relational Expression 2, 2 x AC-Core < AC-Shell, in which AC-Core is the relative content (wt%) of a repeating unit derived from an unsaturated carboxylic acid-based monomer in a core of the emulsified polymer particle, and AC-Shell is the relative content (wt%) of a repeating unit derived from an unsaturated carboxylic acid-based monomer in a shell of the emulsified polymer particle. Kaneda satisfies Relational Expression 1 and Relational Expression 2 as the wt% of an unsaturated carboxylic acid-based monomer in the core ranges from 0.1%-10% ([0068], core portion composition), and the wt% of an unsaturated carboxylic acid-based monomer in the shell ranges from 0.1%-15% ([0089], shell portion composition). Within these ranges, any selection in which AC-core is less than half of AC-Shell satisfies both Relational Expression 1 and Relational Expression 2.
Kaneda does not explicitly teach that the emulsified polymer particle has a surface acidity value of 0.15 to 2.0 mmol/g, however, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, and an unsaturated carboxylic acid-based monomer) used to produce the shell of the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. MPEP 2112.III
Regarding claim 3, Kaneda also teaches the core of the emulsified polymer particle comprises a repeating unit derived from a conjugated diene-based monomer([0072]), a repeating unit derived from an aromatic vinyl-based monomer ([0069]), a repeating unit derived from an alkyl (meth)acrylate-based monomer ([0060]), and a repeating unit derived from an unsaturated carboxylic acid-based monomer ([0065]).
Regarding claim 4 the core contains 5% to 70% by weight of the repeating unit derived from the conjugated diene-based monomer ([0074]) and 0.1%-10% by weight of the repeating unit derived from the aromatic vinyl-based monomer ([0071]). This results in a range of 0.14 to 200 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. This range overlaps with the claimed range of 50 to 100 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 5, the core contains 5%-70% by weight of the repeating unit derived from the conjugated diene-based monomer ([0074]) and 20% to 99.5% by weight of the repeating unit derived from the alkyl (meth)acrylate-based monomer ([0064]). This results in a range of 29 to 1900 parts by weight of the repeating unit derived from the conjugated diene-based monomer based on 100 parts by weight of the repeating unit derived from the alkyl (meth)acrylate-based monomer, derived from the percent weights given. This range overlaps with the claimed range of 5 to 50 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 6, the core contains 5% to 70% by weight of the repeating unit derived from the conjugated diene-based monomer ([0074]) and 0.1% to 10% by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer ([0068]). This results in a range of 0.14 to 200 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer, derived from the percent weights given. This range overlaps with the claimed range of 1 to 20 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 7, the shell of the emulsified polymer particle comprises an alkyl (meth)acrylate-based repeating unit ([0091]-[0092]), a repeating unit derived from an aromatic vinyl-based monomer ([0084]), and a repeating unit derived from an unsaturated carboxylic acid-based monomer ([0084]).
Regarding claim 8, the shell contains 0 to 30% by weight of the alkyl (meth)acrylate-based repeating unit ([0092]) and 0.1% to 15% by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer ([0089]). This results in a range of 0.33 or greater parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. This range overlaps with the claimed range of 5 to 100 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claims 10 and 11, Kaneda also teaches the shell of the emulsified polymer particle comprises a crosslinking bond ([0199]) formed by a crosslinking agent (crosslinkable monomer). The crosslinking agent (crosslinkable monomer) can be selected from a group of molecules which includes allyl methacrylate, a molecule which comprises both an acryloyl group and an ethylenically unsaturated bond ([0075]-[0076]).
Regarding claim 12, the weight of the shell ranges from 3% to 35% of the total mass of the core-shell structure ([0096]). As stated above, the shell contains 0.1% to 15% of the repeating unit derived from the unsaturated carboxylic acid-based monomer by weight ([0089]). This results in a range of 0.03% to 5.25% weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer present on the surface of the emulsified polymer particle (in the shell) relative to the total weight of the emulsified polymer particle. Therefore, a weight ratio of the repeating unit derived from the unsaturated carboxylic acid-based monomer present on the surface of the emulsified polymer particle (in the shell) relative to the total weight of the emulsified polymer particle is 2 wt% or more. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 13, it is reasonable to presume the limitation “the electrode binder composition for a rechargeable battery according to claim 1, wherein: an electrolyte solution uptake is 200% or less” is inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, an unsaturated carboxylic acid-based monomer, and a diene-based monomer) used to produce the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. MPEP 2112.III
In the alternative, Kaneda teaches that the electrolyte solution uptake (swelling) is 150% ([0224]-[0228] and Table 2), which falls within the claimed range of 200% or less. Since the prior art recites a value within the claimed range, the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 14, the shell contains 0.1% to 15% of the repeating unit derived from the unsaturated carboxylic acid-based monomer by weight ([0089]), and the core contains 0.1% to 10% of the repeating unit derived from the unsaturated carboxylic acid-based monomer by weight ([0068]). The weight of the shell ranges from 3% to 35% of the total mass of the core-shell structure ([0096]). This results in a range of 0.1% to 11.75% of the relative content of the emulsified polymer particle deriving from the unsaturated carboxylic acid-based monomer to the total weight including the core and the shell. This overlaps with the claimed range of 5% or more of the relative content of the emulsified polymer particle deriving from the unsaturated carboxylic acid-based monomer to the total weight including the core and the shell. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 15, Kaneda does not explicitly teach that the emulsified polymer particle has a surface acidity value of 0.3 to 1.5 mmol/g, however, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, and an unsaturated carboxylic acid-based monomer) used to produce the shell of the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. MPEP 2112.III
Regarding claims 16-20, Kaneda teaches an electrode mixture for a rechargeable battery (secondary battery) comprising the electrode binder composition ([0192]) and an electrode active material ([0162]-[0170], and [0171]-[0185]). The electrode mixture contains a conductive material ([0182]). Kaneda also teaches an electrode for a rechargeable battery (secondary battery) containing an electrode mixture layer containing the electrode mixture and a current collector ([0194]-[0196]).
Kaneda also teaches a rechargeable battery (secondary battery) comprising the electrode ([0210]). The rechargeable battery comprises at least one negative electrode active material selected from the group consisting of a carbon-based active material and a silicon-based active material ([0182]).
Claims 1, 2, 7-10, and 12-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Park et. al (US Patent Application Publication No. 2016/60156038).
Regarding claims 1 and 2, Park teaches an electrode binder composition for a rechargeable battery, comprising an emulsified ([0030]) polymer particle having a core-shell structure (abstract). The emulsified polymer particle satisfies Relational Expression 1, AC-Core < AC-Shell, and Relational Expression 2, 2 x AC-Core < AC-Shell, in which AC-Core is the relative content (wt%) of a repeating unit derived from an unsaturated carboxylic acid-based monomer in a core of the emulsified polymer particle, and AC-Shell is the relative content (wt%) of a repeating unit derived from an unsaturated carboxylic acid-based monomer in a shell of the emulsified polymer particle. Park satisfies Relational Expression 1 and Relational Expression 2 as the wt% of an unsaturated carboxylic acid-based monomer in the core is 0% ([0065]), and the wt% of an unsaturated carboxylic acid-based monomer in the shell is 8% ([0065]).
Park does not explicitly teach that the emulsified polymer particle has a surface acidity value of 0.15 to 2.0 mmol/g, however, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, and an unsaturated carboxylic acid-based monomer) used to produce the shell of the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. MPEP 2112.III
Regarding claim 7, the shell of the emulsified polymer particle comprises an alkyl (meth)acrylate-based repeating unit, a repeating unit derived from an aromatic vinyl-based monomer, and a repeating unit derived from an unsaturated carboxylic acid-based monomer ([0018]-[0024]).
Regarding claim 8, the shell of the emulsified polymer particle contains 8 grams of the repeating unit derived from the unsaturated carboxylic acid-based monomer (acrylic acid and itaconic acid) and 59 grams of the alkyl (meth)acrylate-based repeating unit (butyl acrylate) ([0065]). This results in 13.6 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit, which falls within the claimed range of 5 to 100 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. Since the prior art recites a value within the claimed range, the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 9, the shell of the emulsified polymer particle contains 30 g of the repeating unit derived from the aromatic vinyl-based monomer (styrene) and 59 grams of the alkyl (meth)acrylate-based repeating unit (butyl acrylate) ([0065]). This results in 50.8 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit, which falls within the claimed range of 5 to 70 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. Since the prior art recites a value within the claimed range, the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 10, the shell of the emulsified polymer particle comprises a crosslinking bond formed by a crosslinking agent ([0036]-[0037], and [0065]).
Regarding claims 12 and 14, Park teaches that the shell contains 8 grams of the repeating unit derived from the unsaturated carboxylic acid-based monomer ([0065]). As the shell is 90% of the mass of the core-shell particle structure ([0065]), this results in 7% of the overall mass of the core-shell particle constituting the unsaturated carboxylic acid-based monomer. Therefore, since the repeating unit derived from the unsaturated carboxylic acid-based monomer is only present in the shell, a weight ratio of the repeating unit derived from the unsaturated carboxylic acid-based monomer present on the surface (in the shell) of the emulsified polymer particle relative to the total weight of the emulsified polymer particle is 7 wt%, which is within the claimed range of 2 wt% or more. Similarly, this is within the claimed range of the emulsified polymer particle having a relative content of the repeating unit derived from the unsaturated carboxylic acid-based monomer to the total weight including the core and the shell, of 5% by weight or more. For both claimed limitations, since the prior art recites a value within the claimed range, the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 13, it is reasonable to presume the limitation “the electrode binder composition for a rechargeable battery according to claim 1, wherein: an electrolyte solution uptake is 200% or less” is inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, an unsaturated carboxylic acid-based monomer, and a diene-based monomer) used to produce the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. MPEP 2112.III
In the alternative, Park teaches that the electrolyte solution uptake (swelling) is 130% [0084]-[0085] and Table 3, Example 1), which falls within the claimed range of 200% or less. Since the prior art recites a value within the claimed range, the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 15, Park does not explicitly teach that the emulsified polymer particle has a surface acidity value of 0.3 to 1.5 mmol/g, however, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, and an unsaturated carboxylic acid-based monomer) used to produce the shell of the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. (MPEP 2112.III)
Regarding claims 16-20, Park teaches an electrode mixture for a rechargeable battery (secondary battery) comprising the electrode binder composition and an electrode active material ([0040]). The electrode mixture contains a conductive material ([0040]). Park also teaches an electrode for a rechargeable battery (secondary battery) containing an electrode mixture layer containing the electrode mixture and a current collector (collector) ([0040]).
Park also teaches a rechargeable battery (secondary battery) comprising the electrode ([0053]). The rechargeable battery comprises at least one negative electrode active material selected from the group consisting of a carbon-based active material and a silicon-based active material ([0044]).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kaneda et. al (US Patent Application Publication No. 2017/0256800) in view of Park et. al. (US Patent Application Publication No. 2016/60156038).
Kaneda is relied upon as described above.
Kaneda does not teach the shell of the emulsified polymer particle contains 5 to 70 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit.
Park teaches a binder with a core-shell structure for a secondary battery electrode (abstract). , the shell of the emulsified polymer particle comprises an alkyl (meth)acrylate-based repeating unit, a repeating unit derived from an aromatic vinyl-based monomer, and a repeating unit derived from an unsaturated carboxylic acid-based monomer (abstract). Park teaches a specific example of the shell structure which includes 59 grams of the alkyl (meth)acrylate-based repeating unit (butyl acrylate) and 30 grams of the aromatic vinyl-based monomer (styrene) ([0065]). This results the shell of the emulsified polymer particle containing 51 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit, derived from the portions. This falls within the claimed range of the emulsified polymer particle containing 5 to 70 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to have the shell of Kaneda contain 5 to 100 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit as taught by Park. One of ordinary skill in the art would have been motivated to use this proportion as it allows for improved cycle characteristics of a battery and adhesive strength of the binder ([0012]).
Claims 1-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneda et. al (US Patent Application Publication No. 2017/0256800) in view of Hayasaka et. al. (WIPO Patent Application Publication No. 2015/115089). For prior art discussion see English translations for WO-2015115089-A1.
Regarding claims 1 and 2, Kaneda teaches an electrode binder composition for a rechargeable battery, comprising an emulsified ([0147]) polymer particle having a core-shell structure (abstract). The emulsified polymer particle satisfies Relational Expression 1, AC-Core < AC-Shell, and Relational Expression 2, 2 x AC-Core < AC-Shell, in which AC-Core is the relative content (wt%) of a repeating unit derived from an unsaturated carboxylic acid-based monomer in a core of the emulsified polymer particle, and AC-Shell is the relative content (wt%) of a repeating unit derived from an unsaturated carboxylic acid-based monomer in a shell of the emulsified polymer particle. Kaneda satisfies Relational Expression 1 and Relational Expression 2 as the wt% of an unsaturated carboxylic acid-based monomer in the core ranges from 0.1%-10% ([0068], core portion composition), and the wt% of an unsaturated carboxylic acid-based monomer in the shell ranges from 0.1%-15% ([0089], shell portion composition). Within these ranges, any selection in which AC-core is less than half of AC-Shell satisfies both Relational Expression 1 and Relational Expression 2.
Kaneda does not explicitly teach that the emulsified polymer particle has a surface acidity value of 0.15 to 2.0 mmol/g.
Hayasaka teaches a slurry composition for lithium-ion secondary battery electrodes (abstract). The slurry contains an electrode active material and a binder (abstract). The binder has a surface acidity value (surface acid) 0.01 mmol/g to 0.5 mmol/g (page 21 lines 1-4). This surface acidity value is achieved by adjusting the amount of the carboxylic acid-based monomer used in the binder (page 23, paragraph 3, lines 1-2). This range overlaps with the claimed range of 0.15 mmol/g to 2.0 mmol/g. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to adjust the surface acidity value of the binder polymer particles of Kaneda to between 0.15 mmol/g to 2.0 mmol/g. One of ordinary skill in the art would have been motivated to use this surface acidity value as it improves the storage stability of the binder in a slurry while also providing a sufficiently high binding force (page 21 lines 4-11).
Regarding claim 3, Kaneda teaches the core of the emulsified polymer particle comprises a repeating unit derived from a conjugated diene-based monomer ([0072]), a repeating unit derived from an aromatic vinyl-based monomer ([0069]), a repeating unit derived from an alkyl (meth)acrylate-based monomer ([0060]), and a repeating unit derived from an unsaturated carboxylic acid-based monomer ([0065]).
Regarding claim 4, Kaneda teaches the core contains 5% to 70% by weight of the repeating unit derived from the conjugated diene-based monomer ([0074]) and 0.1%-10% by weight of the repeating unit derived from the aromatic vinyl-based monomer ([0071]). This results in a range of 0.14 to 200 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. This range overlaps with the claimed range of 50 to 100 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 5, Kaneda teaches the core contains 5%-70% by weight of the repeating unit derived from the conjugated diene-based monomer ([0074]) and 20% to 99.5% by weight of the repeating unit derived from the alkyl (meth)acrylate-based monomer ([0064]). This results in a range of 29 to 1900 parts by weight of the repeating unit derived from the conjugated diene-based monomer based on 100 parts by weight of the repeating unit derived from the alkyl (meth)acrylate-based monomer, derived from the percent weights given. This range overlaps with the claimed range of 5 to 50 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 6, Kaneda teaches the core contains 5% to 70% by weight of the repeating unit derived from the conjugated diene-based monomer ([0074]) and 0.1% to 10% by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer ([0068]). This results in a range of 0.14 to 200 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer, derived from the percent weights given. This range overlaps with the claimed range of 1 to 20 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the repeating unit derived from the conjugated diene-based monomer. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 7, Kaneda teaches the shell of the emulsified polymer particle comprises an alkyl (meth)acrylate-based repeating unit ([0091]-[0092]), a repeating unit derived from an aromatic vinyl-based monomer ([0084]), and a repeating unit derived from an unsaturated carboxylic acid-based monomer ([0084]).
Regarding claim 8, Kaneda teaches the shell contains 0 to 30% by weight of the alkyl (meth)acrylate-based repeating unit ([0092]) and 0.1% to 15% by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer ([0089]). This results in a range of 0.33 or greater parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. This range overlaps with the claimed range of 5 to 100 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claims 10 and 11, Kaneda teaches the shell of the emulsified polymer particle comprises a crosslinking bond ([0199]) formed by a crosslinking agent (crosslinkable monomer). The crosslinking agent (crosslinkable monomer) can be selected from a group of molecules which includes allyl methacrylate, a molecule which comprises both an acryloyl group and an ethylenically unsaturated bond ([0075]-[0076]).
Regarding claim 12, Kaneda teaches the weight of the shell ranges from 3% to 35% of the total mass of the core-shell structure ([0096]). As stated above, the shell contains 0.1% to 15% of the repeating unit derived from the unsaturated carboxylic acid-based monomer by weight ([0089]). This results in a range of 0.03% to 5.25% weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer present on the surface of the emulsified polymer particle (in the shell) relative to the total weight of the emulsified polymer particle. Therefore, a weight ratio of the repeating unit derived from the unsaturated carboxylic acid-based monomer present on the surface of the emulsified polymer particle (in the shell) relative to the total weight of the emulsified polymer particle is 2 wt% or more. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 13, it is reasonable to presume the limitation “the electrode binder composition for a rechargeable battery according to claim 1, wherein: an electrolyte solution uptake is 200% or less” is inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an alkyl (meth)acrylate-based monomer, an aromatic vinyl-based monomer, an unsaturated carboxylic acid-based monomer, and a diene-based monomer) used to produce the core-shell structure of the emulsified polymer particle in dependent claims. The burden is upon the Applicant to prove otherwise. MPEP 2112.III
In the alternative, Kaneda also teaches that the electrolyte solution uptake (swelling) is 150% ([0224]-[0228] and Table 2), which falls within the claimed range of 200% or less. Since the prior art recites a value within the claimed range, the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 14, Kaneda teaches the shell contains 0.1% to 15% of the repeating unit derived from the unsaturated carboxylic acid-based monomer by weight ([0089]), and the core contains 0.1% to 10% of the repeating unit derived from the unsaturated carboxylic acid-based monomer by weight ([0068]). The weight of the shell ranges from 3% to 35% of the total mass of the core-shell structure ([0096]). This results in a range of 0.1% to 11.75% of the relative content of the emulsified polymer particle deriving from the unsaturated carboxylic acid-based monomer to the total weight including the core and the shell. This overlaps with the claimed range of 5% or more of the relative content of the emulsified polymer particle deriving from the unsaturated carboxylic acid-based monomer to the total weight including the core and the shell. When there is sufficient overlap and specificity of the prior art range, then the claimed range is anticipated by the prior art (MPEP 2131.03.II).
Regarding claim 15, Kaneda does not explicitly teach that the emulsified polymer particle has a surface acidity value of 0.3 to 1.5 mmol/g.
Hayasaka teaches a slurry composition for lithium-ion secondary battery electrodes (abstract). The slurry contains an electrode active material and a binder (abstract). The binder has a surface acidity value (surface acid) 0.01 mmol/g to 0.5 mmol/g (page 21 lines 1-4). This surface acidity value is achieved by adjusting the amount of the carboxylic acid-based monomer used in the binder (page 23, paragraph 3, lines 1-2). This range overlaps with the claimed range of 0.3 mmol/g to 1.5 mmol/g. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to adjust the surface acidity value of the binder polymer particles of Kaneda to between 0.15 mmol/g to 2.0 mmol/g. One of ordinary skill in the art would have been motivated to use this surface acidity value as it improves the storage stability of the binder in a slurry while also providing a sufficiently high binding force (page 21 lines 4-11).
Regarding claims 16-20, Kaneda teaches an electrode mixture for a rechargeable battery (secondary battery) comprising the electrode binder composition ([0192]) and an electrode active material ([0162]-[0170], and [0171]-[0185]). The electrode mixture contains a conductive material ([0182]). Kaneda also teaches an electrode for a rechargeable battery (secondary battery) containing an electrode mixture layer containing the electrode mixture and a current collector ([0194]-[0196]).
Kaneda also teaches a rechargeable battery (secondary battery) comprising the electrode ([0210]). The rechargeable battery comprises at least one negative electrode active material selected from the group consisting of a carbon-based active material and a silicon-based active material ([0182]).
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kaneda et. al (US Patent Application Publication No. 2017/0256800) in view of Hayasaka et. al. (WIPO Patent Application Publication No. 2015/115089) further in view of Park et. al. (US Patent Application Publication No. 2016/60156038). For prior art discussion see English translations for WO-2015115089-A1.
Kaneda and Hayasaka are relied upon as described above.
Kaneda and Hayasaka do not explicitly teach the shell of the emulsified polymer particle contains 5 to 70 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit.
Park teaches a binder with a core-shell structure for a secondary battery electrode (abstract). , the shell of the emulsified polymer particle comprises an alkyl (meth)acrylate-based repeating unit, a repeating unit derived from an aromatic vinyl-based monomer, and a repeating unit derived from an unsaturated carboxylic acid-based monomer (abstract). Park teaches a specific example of the shell structure which includes 59 grams of the alkyl (meth)acrylate-based repeating unit (butyl acrylate) and 30 grams of the aromatic vinyl-based monomer (styrene) ([0065]). This results the shell of the emulsified polymer particle containing 51 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit, derived from the portions. This falls within the claimed range of the emulsified polymer particle containing 5 to 70 parts by weight of the repeating unit derived from the aromatic vinyl-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to have the shell of Kaneda contain 5 to 100 parts by weight of the repeating unit derived from the unsaturated carboxylic acid-based monomer based on 100 parts by weight of the alkyl (meth)acrylate-based repeating unit as taught by Park. One of ordinary skill in the art would have been motivated to use this proportion as it allows for improved cycle characteristics of a battery and adhesive strength of the binder ([0012]).
Conclusion
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/MAL/
Myles Alan Lovasz Examiner, Art Unit 1788
03/03/2026
/Alicia Chevalier/ Supervisory Patent Examiner, Art Unit 1788