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 .
Claim Rejections - 35 USC § 103
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.
Claims 1, 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Tsutomu Wakada et al (Japanese Patent: 2014-165131 here after 131), further in view
of Junichi Yuki Okumo et al (Japanese Patent: 2012-204303), and Junichi Asano (U.S.
Patent Application: 2020/0185724, here after 724).
Claims 1 and 7 are rejected. 131 teaches A method for manufacturing
secondary battery electrode slurry composition, the method comprising:
mixing a composition having a solids concentration of 65% (not less than 60
mass% and equal to or not more than 80 mass%) containing an active material (artificial
graphite), a thickener (CMC) and water to obtain a first mixed product [page 28, last 4
lines];
adding an entire amount of a binder which is different from the thickener and
water separately to the first mixed product, and mix to obtain a second
mixed product, and adjusting the solids concentration of the second mixed product to
equal to 52% [page 29 lines 1-4]. Although 131 teaches mixing and not kneading in this
embodiment, and teaches the mixing is a planetary mixer [page 28 last 4 lines],
however 131 also teaches mixing can be done on planetary mixer (to add high shear) or
a kneader [page 4, lines1-4], and also teaches using planetary mixer to knead mixture
[page 15 lines 5-6]. Therefore, it would have been obvious to one of ordinary skill in the
art at the time of the invention was made to have a method of 131 and knead the
mixture (all mixtures) rather than mixing because planetary mixer also is suitable to
knead mixture and for making electrode slurry. Although 131 does not clearly teaches
the binder is hydrophilic binder, however refers to 303 as teaches adding binder such as
polyacrylic acid (hydrophilic) suitable for making negative electrodes [131-page 22 line
16, 303-page 14 last 8 lines]. Therefore, it would have been obvious to one of ordinary
skill in the art at the time of the invention was made to have a method of 131 where
binder is hydrophilic and based on what 303 teaches because it is suitable binder to be
used for making electrodes for secondary batteries. 131 teaches adding ethylenically
unsaturated carboxylic acid monomer [page 9 last 9 lines]. 131 does not teach
hydrophilic binder obtained by polymerizing monomer components including an
ethylenically unsaturated carboxylic acid monomer. 724 teaches a method of making
negative electrode where hydrophilic binder obtained by polymerizing monomer
components including an ethylenically unsaturated carboxylic acid monomer and the
ethylenically unsaturated carboxylic acid monomer constitutes 80 masses% of total
monomer components [0017, 0035, 0055], which has good dispersibility of solid content
and to form an electrode for an electrochemical device having high flexibility and voltage
resistance characteristics [0011]. Therefore, it would have been obvious to one of
ordinary skill in the art at the time of the invention was made to have a method of 131
where the binder is based on what 724 teaches, because it enhances dispersibility and
battery characteristics.
Claim 6 is rejected. 724 teaches hydrophilic binder comprising acid functional
group contain polymer (ethylenically unsaturated carboxylic acid monomer) [see claim 4
rejections above]. 131 teaches acidic functional group-containing polymer can
neutralize the alkali content eluted from the active material [page 7 paragraph 2].
Although 131 does no teach the degree of neutralization of the binder (comprising acid
functional group), however it is obvious that the highest degree which is 100 mol% is
desirable as the entire amount of acid content is neutralized to suppress corrosion of
current collector [page 14 lines 12-25]. Therefore, it would have been obvious to one of
ordinary skill in the art at the time of the invention was made to have a method of 131,
and 724 where the degree of notarization which of the binder is close to 100 mol%,
because it suppresses corrosion of current collector.
Claim 8 is rejected. 131 teaches adjusting the final solid concentration of the
second kneaded product to more than 40% (131 does not clearly teaches
the binder is hydrophilic binder, however refers to 303 as teaches adding binder such as
polyacrylic acid (hydrophilic) suitable for making negative electrodes [131-page 22 line
16, 303-page 14 last 8 lines]. Therefore, it would have been obvious to one of ordinary
skill in the art at the time of the invention was made to have a method of 131 where
binder is hydrophilic and based on what 303 teaches because it is suitable binder to be
used for making electrodes for secondary batteries. 131 teaches adding ethylenically
unsaturated carboxylic acid monomer [page 9 last 9 lines]. 131 does not teach
hydrophilic binder obtained by polymerizing monomer components including an
ethylenically unsaturated carboxylic acid monomer. 724 teaches a method of making
negative electrode where hydrophilic binder obtained by polymerizing monomer
components including an ethylenically unsaturated carboxylic acid monomer and the
ethylenically unsaturated carboxylic acid monomer constitutes 80 masses% of total
monomer components [0017, 0035, 0055], which has good dispersibility of solid content
and to form an electrode for an electrochemical device having high flexibility and voltage
resistance characteristics [0011]. Therefore, it would have been obvious to one of
ordinary skill in the art at the time of the invention was made to have a method of 131
where the binder is based on what 724 teaches, because it enhances dispersibility and
battery characteristics.
Claim 9 is rejected. 131 teaches the method of making slurry of claim 1, and also
teaches method for manufacturing a secondary battery electrode, comprising forming
on a surface of a collector a mixture layer from a secondary battery electrode slurry
[page 29 lines 6-7].
Claim 10 is rejected. 131 teaches limitation of claim 9 and also teaches
manufacturing a secondary battery [page 22 lines 8-9].
Claim 11 is rejected. 724 teaches ethylenically unsaturated carboxylic acid
monomer is acrylic acid and constitutes is 80 mass% of total monomer components
[0017].
Claim 12 is rejected as 131 teaches the electrode is a negative electrode [page 28 last 5 lines].
Claim 13 is rejected. Although 131 in that specific embodiment does not teach
dry mixing the active material and the thickener before the kneading. However, 131 teaches since the solubility of CMC in aqueous medium in room temperature is only about several percent, therefore the thickener (CMC) and active material can be dried mix and is not necessary to add unnecessary moisture, as large amount of water is required [page 34 last paragraph]and then can be kneaded by applying high shear in the kneading process [page 3 last paragraph]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 131, 303 and 724 when the active material and CMC are dried mix before kneading, because the solubility of CMS in water is low and with dry mixing large of amount of water require for dissolving CMS will be removed. Although 131 teaches dry mixing applying to positive electrode, however it can be applied for negative electrode with expectation of success.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wakada Tsutomu Japanese Patent: 2014-165131 here after 131, Junichi Yuki Okumo et al
(Japanese Patent: 2012-204303), Junichi Asano (U.S. Patent Application:
2020/0185724, here after 724), further in view of Yujiro Toyoda (U. S. Patent
Application: 2013/0330590, here after 590).
Claim 5 is rejected. 131 does not teach the binder is crosslinkable. 590 teaches a
method of making (negative) electrode for secondary battery [0034, 0001 last sentence]
where the binder is hydrophilic and the binder is crosslinked with a crosslinkable
monomer to increase strength of the electrode [0030, 0063, 0070, 0096]. Therefore, it
would have been obvious to one of ordinary skill in the art at the time of the invention
was made to have a method of 131, and 724 where the binder is crosslinked with a
crosslinkable monomer as 590 teaches, because it helps to increase strength of the
electrode. Although 590 does not teach an amount of the crosslinkable monomer used
is equal to or not less than 0.001 mol% and equal to or not more than 2.5 mol% of a
total of a non- crosslinkable monomer. However, the amount of the crosslinkable
monomer is result effective and has to be optimized as if the added amount of the
crosslinking assistant agent is too little, it may be difficult to crosslink, and if the added
amount is too much, the water resistance and the lithium conductivity of the binder
being crosslinked may decline [0071]. Therefore, it would have been obvious to one of
ordinary skill in the art at the time of the invention was made to have a method of
131,303 and 590 where the amount of the crosslinkable monomer used is 0.001 mol%
to 2.5 mol% of a total of a non-crosslinkable monomer, because it is a result effective
variable and has to be optimized.
Response to Arguments
Applicant’s arguments, see Remarks, filed 04/06/26, with respect to 35 U.S.C 112(b) have been fully considered and are persuasive. The 35 U.S.C 112(b) of claims has been withdrawn.
Applicant's arguments filed 04/06/26 have been fully considered but they are not persuasive. The applicant argues 131 teaches hydrophobic binder (SBR) and in form of aqueous dispersion. The examiner disagrees, the specific embodiment of 131 does not mention SBR as binder and rejection is based on polyacrylic acid as binder which is a hydrophilic binder. Furthermore, claim do not require the binder to be added as powder.
131 in fact teaches after mixing(kneading) at 25C, for 60 minutes, solid content concentration adjusted with ion-exchange water (adding water separately) followed by mixing and then adding binder(separately) [page 28 last paragraph-page 29lines 1-4].
The applicant statement of unexpected result is not convincing in fact 131 teaches adding binder and water separately (see claim rejection above) and claim do not require adding binder in dry powder form.
Claim 13 is also rejected as 131 teaches adding CMC (thickener) and active material in dry powder form to prevent adding extra amount of water for dispersing CMC (see claim rejection above).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABASSOM TADAYYON ESLAMI whose telephone number is (571)270-1885. The examiner can normally be reached M-F 9:30-6.
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/TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
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