DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
1. Applicant’s amendments with respect to claims filed on 05/25/2026 have been entered. Claims 1-2, 5-15, and 18-20 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 3-4 and 16-17 have been cancelled.
The amendments and remarks filed are sufficient to cure the previous Claim Objections set forth in the Non-Final office action mailed on 02/25/2026.
Claim Objections
2. Claim 8 is objected to because of the following informalities:
Regarding claim 8, the recitation “the first initiator includes at least one of potassium persulfate, potassium bisulfite, sodium peroxomonosulfate, sodium peroxydiphosphate, or ammonium persulfate, possium bisulfite, sodium peroxydiphosphate, or ammonium persulfate” in claim 8, lines 2-5 should read “the first initiator includes at least one of potassium persulfate, potassium bisulfite, sodium peroxomonosulfate, sodium peroxydiphosphate, or ammonium persulfate, possium bisulfite”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claim(s) 1-2 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukatani et al. (Pub. No. US 20200343556 A1) in view of Aoki et al. (Pub. No. WO 2017104554 A1).
Regarding claim 1, Fukatani teaches a method for manufacturing a binder (binder, see [0011]) for coating a secondary battery separator (see [0011] wherein the binder is for a non-aqueous electrolyte rechargeable battery, although not specifically described for use in a separator, this is intended use, and therefore not required to be taught by the prior art), the method comprising: performing a first polymerization (polymerization, see [0062]) on a first monomer ((meth)acrylic acid-based monomer, see [0062]) to form a precursor solution (copolymer (A) dispersed in water, see [0062]) including a chain-type particle (copolymer (A), see [0062], as copolymer (A) is a polymer it is understood to have a polymer chain as evidenced by [0062] where it is formed of multiple monomer units, therefore it is considered a chain particle); and adding a second monomer (ethylenic unsaturated monomer, see [0063]) to the precursor solution (copolymer (A) dispersed in water, see [0062], see [0063] where the ethylenic unsaturated monomer is added to system where copolymer (A) is dispersed, see [0110] shows an example where the second set of monomers are stirred in therefore dispersed) and performing a second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) to form an emulsion particle (copolymer (B), see [0063], see [0055] copolymer (B) is not water-dispersible and becomes water-dispersible when surrounded by copolymer (A), therefore it is formed by emulsification of copolymer (B) in water using copolymer (A)) on the chain-type particle (copolymer (A), see [0062], see [0063] where copolymer (A) is used as a seed particle), wherein the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing) includes an emulsification polymerization (emulsify in water, see [0062] where emulsification is proceeded by stirring in inert gas atmosphere, see [0110] where the copolymer (B) is stirred in water in a nitrogen atmosphere, further see [0055] where copolymer (B) is not water-dispersible and becomes water-dispersible when surrounded by copolymer (A), therefore it is formed by emulsification of copolymer (B) in water using copolymer (A)) in which the chain-type particle (copolymer (A), see [0062]) acts as an emulsifier (see [0055] where copolymer (A) allows copolymer (B) to be dispersed in water, therefore acting as an emulsifier), wherein the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing) is an emulsion polymerization reaction (emulsify in water, see [0062] where emulsification is proceeded by stirring in inert gas atmosphere, see [0110] where the copolymer (B) is stirred in water in a nitrogen atmosphere, further see [0055] where copolymer (B) is not water-dispersible and becomes water-dispersible when surrounded by copolymer (A), therefore it is formed by emulsification of copolymer (B) in water using copolymer (A)), and in the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing), the chain-type particle (copolymer (A), see [0062]) and the emulsion particle (copolymer (B), see [0063], see [0055] copolymer (B) is not water-dispersible and becomes water-dispersible when surrounded by copolymer (A), therefore it is formed by emulsification of copolymer (B) in water using copolymer (A)) form a particle (composite copolymer particles, see [0063]) of a core-shell structure (core/shell, see [0037]), the chain-type particle (copolymer (A), see [0062]) constituting a shell (shell, see [0037] where copolymer (A) in in the shell), the emulsion particle (copolymer (B), see [0063]) constituting a core (core, see [0037] where the core is made of copolymer (B)), but fails to teach in the present embodiment wherein the first polymerization and the second polymerization are performed in a same reactor, and fails to teach wherein the first polymerization is a redox polymerization reaction.
However, in a different embodiment Fukatani teaches that the first polymerization (polymerization, see [0062]) and the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) are performed in a same reactor (preparation apparatus, see [0064] where the copolymer (B) and copolymer (A) are made in the same preparation apparatus).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the present embodiment of Fukatani to perform the preparation of copolymer (A) and copolymer (B) in the same apparatus as taught by a different embodiment of Fukatani. Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art. Further Fukatani teaches that modifications can be made (see [0172] of Fukatani).
Fukatani fails to teach wherein the first polymerization is a redox polymerization reaction.
However, Aoki teaches wherein the first polymerization (emulsion polymerization, see [00126]) is a redox polymerization (redox polymerization, see [00162] wherein the emulsion polymerization is redox polymerization by adding inorganic peroxides and a reducer).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Fukatani such that the polymerization initiator is an inorganic peroxide of potassium persulfate (see [00162] of Aoki) or ammonium persulfate (see [00162] of Aoki) and further add a reducer to make the emulsification polymerization a redox polymerization as taught by Aoki as an art effective equivalent polymerization method for producing a dispersing aid and polymer particle (see [00145] of Aoki). Further Fukatani teaches that modifications can be made (see [0172] of Fukatani).
Regarding claim 2, Fukatani in view of Aoki fails to explicitly teach wherein the chain-type particle and the emulsion particle are chemically bonded.
However, Fukatani in view of Aoki teaches the method for manufacturing a binder according to claim 1, therefore one of ordinary skill in the art would expect the binder formed using the same process to exhibit the same characteristic of the chain-type particle and the emulsion particle chemically bonding, therefore it is the examiner’s position that the copolymer (A) and copolymer (B) of Fukatani are chemically bonded.
Regarding claim 6, Fukatani in view of Aoki teaches wherein the first monomer ((meth)acrylic acid-based monomer, see [0062]) includes at least one of acrylic acid (acrylic acid, see [0042]), methacrylic acid (methacrylic acid, see [0042]), sodium acrylate (sodium acrylate, see [0042]), or sodium methacrylate (sodium methacrylate, see [0042]) or a combination thereof.
Regarding claim 7, Fukatani in view of Aoki teaches wherein the first polymerization (polymerization, see [0062]) comprises further adding a comonomer ((meth)acrylonitrile, see [0062]) to the first monomer ((meth)acrylic acid-based monomer, see [0062]), wherein the comonomer ((meth)acrylonitrile, see [0062]) includes at least one of carboxyethyl acrylate, hydroxyethyl acrylate, ethylhexyl acrylate, methyl acrylate, ethyl acrylate, butyl acrylate, hexyl acrylate, lauryl acrylate, propargyl acrylate, isobutyl acrylate, methyl methacrylate, ethyl methacrylate, butyl methacrylate, hydroxyethyl methacrylate, hydroxypropyl methacrylate, ethylhexyl methacrylate, glycidyl methacrylate, stearyl methacrylate, lauryl methacrylate, acrylonitrile (acrylonitrile, see [0108] gives specific example using acrylonitrile), acrylamide, or methacrylamide or a combination thereof.
Regarding claim 8, Fukatani in view of Aoki teaches wherein the first polymerization comprises (polymerization, see [0062]) adding a first initiator (polymerization initiator, see [0062]) to the first monomer ((meth)acrylic acid-based monomer, see [0062]), wherein the first initiator (polymerization initiator, see [0062]) includes at least one of potassium persulfate (potassium persulfate, see [00162] of Aoki, see modification of polymerization initiator above), potassium bisulfite, sodium peroxomonosulfate, sodium peroxydiphosphate, or ammonium persulfate (ammonium persulfate, see [00162] of Aoki, see modification of polymerization initiator above), possium bisulfite, sodium peroxydiphosphate, or ammonium persulfate or a combination thereof.
Regarding claim 9, Fukatani in view of Aoki teaches wherein the second monomer ((ethylenic unsaturated monomer, see [0063], see [0049] where the ethylenic unsaturated monomer includes at least one of unsaturated carboxylic acid alkyl ester monomer, a (meth)acrylic acid-based monomer, an unsaturated carboxylic acid amide monomer) includes at least one of carboxyethyl acrylate, hydroxyethyl acrylate, ethylhexyl acrylate, methyl acrylate (methyl (meth)acrylate, see [0050]), ethyl acrylate (ethyl (meth)acrylate, see [0050]), butyl acrylate, hexyl acrylate, lauryl acrylate (lauryl (meth)acrylate, see [0050]), propargyl acrylate, isobutyl acrylate, methyl methacrylate (methyl (meth)acrylate, see [0050]), ethyl methacrylate (ethyl (meth)acrylate, see [0050]), butyl methacrylate, hydroxyethyl methacrylate, hydroxypropyl methacrylate, ethylhexyl methacrylate, glycidyl methacrylate (glycidyl (meth)acrylate, see [0050]), stearyl methacrylate, lauryl methacrylate (lauryl (meth)acrylate, see [0050]), acrylic acid ((meth)acrylic acid, see [0051]), methacrylic acid ((meth)acrylic acid, see [0051]), sodium acrylate, sodium methacrylate, acrylonitrile, acrylamide ((meth)acrylamide, see [0052]), or methacrylamide ((meth)acrylamide, see [0052]) or a combination thereof.
Regarding claim 10, Fukatani in view of Aoki teaches wherein the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) comprises further adding a second initiator (polymerization initiator, see [0063]) to the precursor solution (copolymer (A) dispersed in water, see [0062]), wherein the second initiator (polymerization initiator, see [0063]) includes at least one of hydrogen peroxide, ammonium persulfate (ammonium persulfate, see [0110]), ferrous salt, potassium sulfate, sodium bisulfite, sodium peroxomonosulfate, or sodium peroxydiphosphate or a combination thereof.
5. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukatani et al. (Pub. No. US 20200343556 A1) in view of Aoki et al. (Pub. No. WO 2017104554 A1) as applied to claim 1 above, and further in view of Lee et al. (Pub. No. US 20230268616 A1).
Regarding claim 5, Fukatani fails to teach wherein the weight average molecular weight (Mw) of the chain-type particle is about 5,000 to about 1,000,000.
However, Lee teaches wherein the weight average molecular weight (Mw) (weight average molecular weight, see [0028]) of the chain-type particle ((meth)acrylic copolymer, see [0028], see [0032] describes the composition of the copolymer, see [0029] where the copolymer is made using emulsion polymerization) is about 5,000 to about 1,000,000 (150,000-950,000, see [0028]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Fukatani in view of Aoki such that copolymer (A) has a weight average molecular weight (Mw) of 150,000-950,000 as taught by Lee to exhibit excellent adhesion, heat resistance, and air permeability (see [0028] of Lee). Further Fukatani in view of Aoki teaches that modifications can be made (see [0172] of Fukatani).
6. Claim(s) 11-12, 15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ka et al. (Pub. No. US 20230238651 A1) in view of Fukatani et al. (Pub. No. US 20200343556 A1) and further in view of Aoki et al. (Pub. No. WO 2017104554 A1).
Regarding claim 11, Ka teaches a method for manufacturing a separator (separator, see [0011]) for a secondary battery (secondary battery, see [0011]), the method comprising: dispersing a inorganic particle (inorganic particle, see [0113]) in the binder (first binder polymer, see [0113] where the first binder polymers are dispersed in a solvent then the inorganic particles are dispersed thereafter, further see [0116] where the coating slurry is dried so the solvent is dried and the inorganic particles are therefore dispersed in the binder while dispersed in the slurry) to prepare a slurry (slurry, see [0113]); and coating the slurry (slurry, see [0113]) onto a separator substrate (porous polymer substrate, see [0114]) to form a coating film (porous coating layer, see [0114]), but fails to teach adding an acrylic acid-based monomer and a first initiator to a solvent and performing a first polymerization to form a precursor solution including a chain-type particle; adding an acrylic monomer and a second initiator to the precursor solution and performing a second polymerization to prepare a binder; wherein the inorganic particle is a ceramic particle, and wherein: the second polymerization includes the formation of an emulsion particle on the chain-type particle; the binder includes a particle of a core-shell structure in which the chain-type particle surrounds the emulsion particle; the first polymerization is a redox polymerization, the second polymerization is an emulsification polymerization in which the chain type particle acts as an emulsifier; and the first polymerization and the second polymerization are performed in a same reactor.
However, Ka further teaches that the inorganic particle is alumina (Al.sub.2O.sub.3, see [0068]), boehmite (γ-AlOOH, see [0068]), silicon dioxide (SiO.sub.2, see [0068]), titanium dioxide (TiO.sub.2, see [0068]), zirconium dioxide (ZrO.sub.2, see [0068]), or nickel oxide (NiO, see [0068]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ka such that the inorganic particle is a ceramic particle of alumina, boehmite, silicon dioxide, titanium dioxide, zirconium dioxide, or nickel oxide as Ka teaches it is known in the art to do so. Further Ka teaches that modifications can be made (see [0160] of Ka).
In a similar field, Fukatani teaches adding an acrylic acid-based monomer ((meth)acrylic acid-based monomer, see [0062]) and a first initiator (polymerization initiator, see [0062]) to a solvent (water, see [0062]) and performing a first polymerization (polymerization, see [0062]) to form a precursor solution (copolymer (A) dispersed in water, see [0062]) including a chain-type particle (copolymer (A), see [0062], as copolymer (A) is a polymer it is understood to have a polymer chain as evidenced by [0062] where it is formed of multiple monomer units, therefore it is considered a chain particle); adding an acrylic monomer ((meth)acrylic acid monomer, see [0063]) and a second initiator (polymerization initiator, see [0063]) to the precursor solution (copolymer (A) dispersed in water, see [0062], see [0063] where the (meth)acrylic-acid monomer is added to the system where copolymer (A) is dispersed, see [0110] shows an example where the second set of monomers are stirred in therefore dispersed) and performing a second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) to prepare a binder (binder, see [0063]); and wherein: the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) includes the formation of an emulsion particle (copolymer (B), see [0063], see [0055] copolymer (B) is not water-dispersible and becomes water-dispersible when surrounded by copolymer (A), therefore it is formed by emulsification of copolymer (B) in water using copolymer (A)) on the chain-type particle (copolymer (A), see [0062], see [0063] where copolymer (A) is used as a seed particle); and the binder (binder, see [0063]) includes a particle (composite copolymer particles, see [0063]) of a core-shell structure (core/shell, see [0037]) in which the chain-type particle (copolymer (A), see [0062]) surrounds the emulsion particle (copolymer (B), see [0063] where copolymer (A) is formed around copolymer (B), see [0037] for further description of core shell structure), and wherein the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) is an emulsification polymerization (emulsify in water, see [0062] where emulsification is proceeded by stirring in inert gas atmosphere, see [0110] where the copolymer (B) is stirred in water in a nitrogen atmosphere, further see [0055] where copolymer (B) is not water-dispersible and becomes water-dispersible when surrounded by copolymer (A), therefore it is formed by emulsification of copolymer (B) in water using copolymer (A)) in which the chain-type particle (copolymer (A), see [0062]) acts as an emulsifier (see [0055] where copolymer (A) allows copolymer (B) to be dispersed in water, therefore acting as an emulsifier), and the first polymerization (polymerization, see [0062]) and the second polymerization (copolymerizing, see [0037] where the process of forming copolymer (B) is copolymerizing, see [0063] where copolymer (B) is created in the step from monomers therefore polymerization is required) are performed in a same reactor (preparation apparatus, see [0064] where the copolymer (B) and copolymer (A) may be made in the same preparation apparatus).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ka to substitute the first binder polymer as taught by Ka for the binder formed by the method as taught by Fukatani as an art effective equivalent binder to achieve the similar purpose of dispersing inorganic particles (see [0112] of Fukatani where electrode active material is dispersed in a slurry of water and copolymer made using the disclosed method, see [0069] wherein the negative electrode active materials are inorganic particles) and improve water dispersibility and maintain good adhesion between elements (see [0038] of Fukatani). Further Ka teaches that modifications can be made (see [160] of Ka), and wherein the first binder polymer includes a combination of an acrylic polymer and polyacrylonitrile (see [0023] of Ka).
Ka in view of Fukatani fails to teach the first polymerization is a redox polymerization.
However, Aoki teaches wherein the first polymerization (emulsion polymerization, see [00126]) is a redox polymerization (redox polymerization, see [00162] wherein the emulsion polymerization is redox polymerization by adding inorganic peroxides and a reducer).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ka in view of Fukatani such that the polymerization initiator in the method taught by Fukatani is an inorganic peroxide of potassium persulfate (see [00162] of Aoki) or ammonium persulfate (see [00162] of Aoki) and further add a reducer to make the emulsification polymerization a redox polymerization as taught by Aoki as an art effective equivalent polymerization method for producing a dispersing aid and polymer particle (see [00145] of Aoki). Further Ka in view of Fukatani teaches that modifications can be made (see [160] of Ka).
Regarding claim 12, Ka in view of Fukatani in view of Aoki fails to teach wherein the first polymerization comprises further adding a comonomer to the acrylic acid-based monomer, wherein the comonomer includes at least one of carboxyethyl acrylate, hydroxyethyl acrylate, ethylhexyl acrylate, methyl acrylate, ethyl acrylate, butyl acrylate, hexyl acrylate, lauryl acrylate, propargyl acrylate, isobutyl acrylate, methyl methacrylate, ethyl methacrylate, butyl methacrylate, hydroxyethyl methacrylate, hydroxypropyl methacrylate, ethylhexyl methacrylate, glycidyl methacrylate, stearyl methacrylate, lauryl methacrylate, acrylonitrile, acrylamide, or methacrylamide or a combination thereof.
However, Fukatani further teaches wherein the first polymerization (polymerization, see [0062]) comprises further adding a comonomer ((meth)acrylonitrile, see [0062]) to the acrylic acid-based monomer ((meth)acrylic acid-based monomer, see [0062]), wherein the comonomer ((meth)acrylonitrile, see [0062]) includes at least one of carboxyethyl acrylate, hydroxyethyl acrylate, ethylhexyl acrylate, methyl acrylate, ethyl acrylate, butyl acrylate, hexyl acrylate, lauryl acrylate, propargyl acrylate, isobutyl acrylate, methyl methacrylate, ethyl methacrylate, butyl methacrylate, hydroxyethyl methacrylate, hydroxypropyl methacrylate, ethylhexyl methacrylate, glycidyl methacrylate, stearyl methacrylate, lauryl methacrylate, acrylonitrile ((meth)acrylonitrile, see [0062], see [0108] gives a specific example where acrylonitrile is added), acrylamide, or methacrylamide or a combination thereof.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ka in view of Fukatani in view of Aoki to add acrylonitrile to the (meth)acrylonitrile during polymerization as further taught by Fukatani to improve water dispersibility and maintain good adhesion between elements (see [0038] of Fukatani). Further Ka in view of Fukatani in view of Aoki teaches that modifications can be made (see [160] of Ka), and wherein the first binder polymer includes a combination of an acrylic polymer and polyacrylonitrile (see [0023] of Ka).
Regarding claim 15 Ka in view of Fukatani in view of Aoki is silent to wherein the chain-type particle and the emulsion particle are chemically bonded.
However, Ka in view of Fukatani in view of Aoki teaches the method for manufacturing a binder according to claim 1, therefore one of ordinary skill in the art would expect the binder formed using the same process to exhibit the same characteristic of the chain-type particle and the emulsion particle chemically bonding, therefore it is the examiner’s position that the copolymer (A) and copolymer (B) of Ka in view of Fukatani in view of Aoki are chemically bonded.
Regarding claim 18, Ka in view of Fukatani in view of Aoki teaches wherein the thickness of the coating film (porous coating layer, see [0114]) is about 0.1 μm to about 10 μm (2-20 microns, see [0075], see [0162] gives a specific example of the porous coating layer being 2 microns thick).
Regarding claim 19, Ka in view of Fukatani in view of Aoki teaches wherein the ceramic particles (inorganic particle, see [0113] see modification above) include at least one of alumina (Al.sub.2O.sub.3, see [0068]), boehmite (γ-AlOOH, see [0068]), silicon dioxide (SiO.sub.2, see [0068]), titanium dioxide (TiO.sub.2, see [0068]), zirconium dioxide (ZrO.sub.2, see [0068]), ruthenium oxide, iron oxide, cobalt oxide, or nickel oxide (NiO, see [0068]) or a combination thereof.
Regarding claim 20, Ka in view of Fukatani in view of Aoki teaches wherein the weight ratio (weight ratio, see [0074]) of the ceramic particles (inorganic particle, see [0113], see modification above) to the binder (first binder polymer, see [0113]) is about 80:20 to about 99:1 (50:50 to 99.5-0.5, see [0074], further see [0161] gives a specific example where the weight ratio is 95:5 which falls inside the claimed range).
7. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ka et al. (Pub. No. US 20230238651 A1) in view of Fukatani et al. (Pub. No. US 20200343556 A1) in view of Aoki et al. (Pub. No. WO 2017104554 A1) as applied to claim 11 above, and further in view of Park et al. (Pub. No. US 20230268615 A1).
Regarding claim 13, Ka in view of Fukatani in view of Aoki fails to teach wherein the weight average molecular weight (Mw) of the binder is about 10,000 to about 1,500,000.
However, Park teaches wherein the weight average molecular weight (Mw) (weight average molecular weight, see [0080]) of the binder (binder polymer, see [0080]) is about 10,000 to about 1,500,000 (450,000-700,000, see [0080]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ka in view of Fukatani in view of Aoki such that the first binder polymer is formed such that the weight average molecular weight is 450,000 to 700,000 as taught by Park to ensure processability in combination with heat resistance and adhesion. Further Ka in view of Fukatani in view of Aoki teaches that modifications can be made (see [160] of Ka).
8. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ka et al. (Pub. No. US 20230238651 A1) in view of Fukatani et al. (Pub. No. US 20200343556 A1) in view of Aoki et al. (Pub. No. WO 2017104554 A1) as applied to claim 11 above, and further in view of Qiu et al. (Pub. No. US 20230344077 A1).
Regarding claim 14, Ka in view of Fukatani in view of Aoki fails to teach wherein the average particle size of the binder is about 0.1 μm to about 5 μm.
However, Qiu teaches wherein the average particle size (particle size D50, see [0051]) of the binder (polymer binder, see [0051]) is about 0.1 μm to about 5 μm (0.2-3 microns, see [0051] where the diameter is 200nm to 3000nm).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ka in view of Fukatani in view of Aoki such that the binder is formed such that average particle size of the binder is 0.2 to 3 microns as taught by Qiu to achieve appropriate volumetric energy density, and preventing blocking of pores (see [0051] of Qiu). Further Ka in view of Fukatani in view of Aoki teaches that modifications can be made (see [160] of Ka).
Response to Arguments
9. Applicant's arguments filed 05/25/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments that Fukatani fails to teach the chain-type particle formed through a redox reaction. This argument is moot as the Examiner does not rely on Fukatani to teach a redox reaction and instead relies on the combination of Fukatani and Aoki to disclose how it would be obvious for one of ordinary skill in the art to use a redox reaction as an art effective equivalent reaction for forming a dispersing aid and polymer particle. Further it has been held that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding applicant’s argument that the chain type particle as claimed would exhibit superior dispersibility, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Regarding applicant’s argument that Fukatani fails to teach the synthesis of copolymer (A) and copolymer (B) being carried out in a same reactor. The Examiner respectfully disagrees as paragraph [0064] of Fukatani discloses copolymer (A) and copolymer (B) can be formed in the same apparatus. Further, in the example reaction shown in [0108-0109] the copolymer a is made in a 2000 mL separable flask and has a final concentration of 7 wt% and 7.5 pH. Further, in the following example of making Copolymer A in [0110], the copolymer a with the same exact concentration of 7 wt% and pH of 7.5 is used in the process of making copolymer A and further the reaction also takes place in a 2000 mL separable flask, therefore these reactions could easily be completed in the same reactor as taught by Fukatani.
Regarding applicant’s argument that synthesis of the chain-type particle and he emulsion-type particle in the same reactor provides the advantageous effect reducing complexity and time required for the process, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Regarding applicant’s argument that Aoki fails to teach forming a chain-type particles using a redox reaction and forming emulsion-type particles while the chain type particles function as a dispersant and performing a plurality of polymerization reactions in a single reaction. This argument is moot as the Examiner has not relied on Aoki alone to teach the claim limitation, but instead relies on a combination of references and it has been held one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding applicant’s argument that Lee fails to teach forming a chain-type particles using a redox reaction and forming emulsion-type particles while the chain type particles function as a dispersant and performing a plurality of polymerization reactions in a single reaction. This argument is moot as the Examiner has not relied on Lee alone to teach the claim limitation, but instead relies on a combination of references and it has been held one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding applicant’s argument that Ka fails to teach forming a chain-type particles using a redox reaction and forming emulsion-type particles while the chain type particles function as a dispersant and performing a plurality of polymerization reactions in a single reaction. This argument is moot as the Examiner has not relied on Ka alone to teach the claim limitations, but instead relies on a combination of references and it has been held one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding applicant’s argument that Park fails to teach forming a chain-type particles using a redox reaction and forming emulsion-type particles while the chain type particles function as a dispersant and performing a plurality of polymerization reactions in a single reaction. This argument is moot as the Examiner has not relied on Park alone to teach the claim limitations, but instead relies on a combination of references and it has been held one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding applicants’ argument that Qui fails to teach forming a chain-type particles using a redox reaction and forming emulsion-type particles while the chain type particles function as a dispersant and performing a plurality of polymerization reactions in a single reaction. This argument is moot as the Examiner has not relied on Qui alone to teach the claim limitations, but instead relies on a combination of references and it has been held one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
10. 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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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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