RESPONSE TO AMENDMENT
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 .
Amendments to the specification and the claims, filed 10 June 2026, have been entered in the above-identified application.
Claims 1-2 and 10-20 remain pending in the application
Claims 3-9 are cancelled in the application
Withdrawn Objections/Rejections
The 35 U.S.C. §112b rejection of claim 12 made of record in the office action mailed 11 March 2026, page 2, has been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §102 rejections of claims 1-8 and 10-20 as being anticipated by Kaneda et. al (US Patent Application Publication No. 2017/0256800) made of record in the office action mailed on 11 March 2026, pages 3-9, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §102 rejections of claims 1, 2, 7-10, and 12-20 as being anticipated by Park et. al (US Patent Application Publication No. 2016/60156038) made of record in the office action mailed on 11 March 2026, pages 9-12, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §103 rejection of claim 9 as 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Publication No. 2016/60156038) made of record in the office action mailed on 11 March 2026, pages 13-14, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §103 rejections of claims 1-8 and 10-20 as 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Publication No. 2015/115089) made of record in the office action mailed on 11 March 2026, pages 14-20, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
The 35 U.S.C. §103 rejection of claim 9 as 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Publication No. 2016/60156038) made of record in the office action mailed on 11 March 2026, page 20-22, have been withdrawn due to Applicant’s amendment in the response filed 10 June 2026.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites the limitation “which has an electrolyte solution uptake is 200% or less” in lines 3-4 which should be corrected to “which has an electrolyte solution uptake of 200% or less”
Appropriate correction is required.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 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 Park et. al. (US Patent Application Publication No. 2016/60156038).
Regarding claims 1 and 2, Kaneda teaches an electrode binder composition for a rechargeable battery, comprising an emulsified polymer particle ([0147]) having a core-shell structure (abstract). The core of the emulsified polymer particles includes 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]).
Kaneda further 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. 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)
Kaneda further teaches the core contains 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. 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)
Kaneda further teaches 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. 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)
Kaneda further 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]).
Kaneda further 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. 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)
Kaneda further teaches 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
Kaneda does 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 in 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 the amounts 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]).
Regarding claims 10 and 11, Kaneda further 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 further 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. 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)
Regarding claim 13, it is reasonable to presume the limitation “the electrode binder composition for a rechargeable battery according to claim 1, which has 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 further 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 obviated by the prior art (MPEP 2144.05).
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. 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)
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 further 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 further teaches a rechargeable battery (secondary battery) comprising the electrode ([0210]). The rechargeable battery comprises at least one negative electrode active material of a carbon-based active material or a silicon-based active material ([0182]).
Claims 1-2, 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), 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.
Regarding claims 1 and 2, Kaneda teaches an electrode binder composition for a rechargeable battery, comprising an emulsified polymer particle ([0147]) having a core-shell structure (abstract). The core of the emulsified polymer particles includes 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]).
Kaneda further 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. 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)
Kaneda further teaches the core contains 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. 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)
Kaneda further teaches 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. 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)
Kaneda further 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]).
Kaneda further 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. 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)
Kaneda further teaches 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.
In the alternative, 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).
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
Kaneda does 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 in 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 the amounts 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]).
Regarding claims 10 and 11, Kaneda further 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 further 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. 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)
Regarding claim 13, it is reasonable to presume the limitation “the electrode binder composition for a rechargeable battery according to claim 1, which has an electrolyte solution uptake of 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 further 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 obviated by the prior art (MPEP 2144.05).
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. 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)
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 further 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 further teaches a rechargeable battery (secondary battery) comprising the electrode ([0210]). The rechargeable battery comprises at least one negative electrode active material of a carbon-based active material or a silicon-based active material ([0182]).
Response to Arguments
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §112b rejection of claim 12 of record has been considered but are moot since the rejection has been withdrawn.
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §102 of claims 1-8 and 10-20 as being anticipated by Kaneda et. al (US Patent Application Publication No. 2017/0256800) made of record in the office action mailed on 11 March 2026, pages 3-9, have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §102 of claims 1, 2, 7-10, and 12-20 as being anticipated by Park et. al (US Patent Application Publication No. 2016/60156038) made of record in the office action mailed on 11 March 2026, pages 9-12, have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §103 of claim 9 as 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) made of record in the office action mailed on 11 March 2026, pages 13-14, has been considered but has not been found persuasive.
Applicant argues, on page 6 of Applicant’s remarks, that, in regards to the shell of the emulsified polymer particle binder of Kaneda, “the amount of the repeating unit derived from the aromatic vinyl-based monomer is way over that of the alkyl (meth)acrylate-based repeating unit,” and therefore the composition of Park, which includes 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, is incompatible and incorporating one into the other would not provide a reasonable expectation of success. To this argument, the Examiner respectfully disagrees.
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 in 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).
Furthermore, Park teaches that this composition allows for improved cycle characteristics of a battery and adhesive strength of the binder ([0012]). One of ordinary skill in the art, at the time of the filing date of the claimed invention, would have been able to recognize the advantage of using the ratio of the repeating unit derived from the aromatic vinyl-based monomer to the alkyl (meth)acrylate-based repeating unit. Furthermore, as this ratio is taught by Park, there is a reasonable expectation of success, as Park shows that the emulsified polymer particle with a core-shell structure, with this specific shell composition, allows for improved characteristics (Tables 1-5, in which the composition of note, in examples 1-5, show improved characteristics over comparative examples).
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §103 of claims 1-8 and 10-20 as 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) made of record in the office action mailed on 11 March 2026, pages 14-20, have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 10 June 2026 regarding the 35 U.S.C. §103 of claim 9 as 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) made of record in the office action mailed on 11 March 2026, page 20-22 has been considered but has not been found persuasive for the same reason as stated for claim 9 above.
Conclusion
THIS ACTION IS MADE FINAL. 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 Myles Alan Lovasz whose telephone number is (571)272-0214. The examiner can normally be reached Monday-Friday 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at (571) 272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 09/08/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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