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 .
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 05/19/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
3. Claims 1-7 are 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.
Regarding claim 1, the recitation “when a solid content which is calculated based on a total weight of the negative electrode active material, carboxymethylcellulose, and polyacrylic acid included in the first mixed-kneaded body, as well as based on a weight of water included in the first mixed-kneaded body at a time when a torque equivalent to a 70% torque oil absorption number of the negative electrode active material is generated in the first mixed-kneaded body, is defined as a [%], a solid content of the first mixed-kneaded body is from (a-3)% to a%” in claim 1, lines 11-17 is indefinite because it is unclear how to find a torque equivalent to a 70% torque oil absorption number as torque has a standard unit of measure of N*m while 70% torque oil absorption number has a unit of measure of ml/100g as disclosed in [0067] of the instant published specification. For examination purposes the aforementioned recitation will be interpreted as “when a solid content which is calculated based on a total weight of the negative electrode active material, carboxymethylcellulose, and polyacrylic acid included in the first mixed-kneaded body, as well as based on a weight of water included in the first mixed-kneaded body at a time when a torque equivalent to a 70% torque oil absorption number of the negative electrode active material is generated in the first mixed-kneaded body, is defined as a [%], a solid content of the first mixed-kneaded body is equal to a%”, and because of this interpretation the solid-content of the first mixed-kneaded body as taught in the prior art combination reads on this interpretation.
Regarding claim 4, the recitation “wherein step (x1) includes: a step to mix carboxymethylcellulose with water to obtain a mixture; and a step to mix and knead the first mixed-kneaded body with the mixture” in claim 4, line 2-4 is indefinite because step (x1) in claim 1 has already been defined as a step to mix and knead the first mixed-kneaded body, carboxymethylcellulose, and water so it is unclear if the carboxymethylcellulose and water in claim 4 is the same as the carboxymethylcellulose and water in claim 1 or if the first mixed-kneaded body is mixed with the mixture of claim 4, then further mixed with more carboxymethylcellulose and water. For examination purposes the aforementioned recitation will be interpreted as “wherein step (x1) includes: a step to mix the carboxymethylcellulose of step (x1) with the water of step (x1) to obtain a mixture; and a step to mix and knead the first mixed-kneaded body with the mixture”.
Regarding claim(s) 2-3 and 5-7, the claim(s) is/are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shindo et al. (Pub. No. JP 2009099441 A) in view of Onodera et al. (Pub. No. JP 2023156004 A).
Regarding claim 1, Shindo teaches a method of producing a negative electrode composite material slurry (negative electrode coating liquid, see [0032], note that throughout Shindo, this is called a liquid and a solution, but they are one in the same) for a non-aqueous electrolyte secondary battery (non-aqueous electrolyte secondary battery, see [0009]), the method comprises: a first step (steps described in [0026]) to obtain a first mixed-kneaded body (mixture after step described in [0027]); and a second step (steps described in [0027] and [0033]) to use the first mixed-kneaded body (mixture after step described in [0027]) to obtain the negative electrode composite material slurry (negative electrode coating liquid, see [0032]) includes a step to mix and knead (mixed in three-axis planetary dispersing/mixing/kneading machine, see example [0081] therefore the mixing/dispersing/kneading described by Shindo will be considered mixing and kneading) a negative electrode active material (negative electrode active material, see [0026]) including a carbon-based active material (graphite, see [0010]), carboxymethylcellulose (carboxymethylcellulose, see [0026]), and water (water, see [0026]), the second step (steps described in [0027] and [0033]) includes a step (x1) (step described in [0027] and [0033]) to mix and knead (mixed in three-axis planetary dispersing/mixing/kneading machine, see example [0081] therefore the mixing/dispersing/kneading described by Shindo will be considered mixing and kneading) the first mixed-kneaded body (mixture after step described in [0027]), carboxymethylcellulose (carboxymethyl cellulose, see [0027]), and water (ion-exchanged water, see [0085] wherein when the binder is added, water is also added), but fails to teach wherein the negative electrode active material includes a Si-based active material, wherein the first mixed-kneaded body includes polyacrylic acid, and when a solid content which is calculated based on a total weight of the negative electrode active material, carboxymethylcellulose, and polyacrylic acid included in the first mixed-kneaded body, as well as based on a weight of water included in the first mixed-kneaded body at a time when a torque equivalent to a 70% torque oil absorption number of the negative electrode active material is generated in the first mixed-kneaded body, is defined as a [%], a solid content of the first mixed-kneaded body is from (a-3)% to a%, and a solid content of the negative electrode composite material slurry is from (a-15)% to (a-10)%. See 112 rejection above for interpretation.
However, Onodera teaches wherein the negative electrode active material (negative electrode active material, see [0011]) includes a Si-based active material (Si-containing particles, see [0011] where the negative electrode active material is graphite and Si-containing particles) wherein a content of Si-based active material (Si-containing particles, see [0011]) is 3% by mass or more to 20% by mass or less (3% by mass or more and 20% by mass or less, see [0012] relative to the total amount of negative electrode active material (negative electrode active material, see [0011]),wherein the first mixed-kneaded body (kneaded body, see [0028]) includes polyacrylic acid (PAA, see [0028] where PAA is in the kneaded body) and wherein the polyacrylic acid (PAA, see [0028] where PAA is in the kneaded body) is added in 1% by mass or more and 3% by mass or less (1% by mass or more and 3% by mass or less, see [0025]) based on the solid content (total amount of components constituting the negative electrode active material layer, see [0025] meaning the solid components as the active material layer is dried) of the negative electrode composite material slurry (negative electrode mixture slurry, see [0010]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Shindo such that the negative electrode active material is a mixture of graphite and Si-containing particles, wherein the Si-containing particles are present in 3% by mass to 20% by mass based on the total amount of negative electrode active material as taught by Onodera to suppress an increase in the specific surface are of the negative electrode active material (see [0012] of Onodera) and suppress swelling of a negative electrode (see [0007] of Onodera).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Shindo to add polyacrylic acid to the mixture of step [0027] in 1-3% by mass based on total solid content of the negative electrode active material layer as taught by Onodera suppress swelling of a negative electrode (see [0007] of Onodera) and make the negative electrode active material slip easily when compressed (see [0030] of Onodera).
Therefore Shindo in view of Onodera teaches when a solid content which is calculated based on a total weight of the negative electrode active material (negative electrode active material, see [0026]), carboxymethylcellulose (carboxymethylcellulose, see [0026]), and polyacrylic acid (PAA, see [0028] of Onodera, see modification above) included in the first mixed-kneaded body (mixture after step described in [0027]), as well as based on a weight of water (water, see [0026]) included in the first mixed-kneaded body (mixture after step described in [0027]) at a time when a torque equivalent to a 70% torque oil absorption number of the negative electrode active material is generated in the first mixed-kneaded body, is defined as a [%], a solid content of the first mixed-kneaded body (mixture after step described in [0027]) is from (a-3)% to a% (60.90% to 61.41%, see calculations below), and a solid content of the negative electrode composite material slurry (negative electrode coating liquid, see [0032]) is from (a-15)% to (a-10) ((a-10.9)% to (a-11.41)%, see [0085] wherein the solid content is 50% by weight).
Input for Calculations for Solid Content in Mixture after Step [0027], including PAA
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In the tables above, NEAM is the negative electrode active material parts by mass, see example 1 [0082], CMC1 is the first CMC added in example 1 in [0082], CMC2 is the second CMC added in example 1 in [0084], Water1 is the amount of water added in example 1 in [0083], PAA is 1-3% by mass of total solid, see in [0025] of Onodera, and Binder is 0.9-4% of total solid content as seen in [0063] of Shindo.
Calculations of Solid Content in Mixture after Step [0027], including PAA
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Note in the Table Above, pbm stands for parts by mass
Regarding claim 2, Shindo in view of Onodera teaches wherein the carbon-based active material (graphite, see [0010]) includes graphite (graphite, see [0010] where the carbon-based active material is graphite).
Regarding claim 3, Shindo in view of Onodera teaches wherein the second step (steps described in [0027] and [0033]) further includes a step (x2) (see [0033] wherein a binder is added) to add a binder (binder, see [0033]) other than carboxymethylcellulose (see [0085] wherein the binder is BM-400B as an example) but fails to teach adding the binder to a second mixed-kneaded body obtained by step (x1) and mix and knead together.
However, one of ordinary skill in the art before the effective filing date of the invention would have expected the negative electrode coating liquid as taught by Shindo in view of Onodera and applicant’s invention to perform equally as well with adding the CMC a second time, water a second time, and a binder in a different order of CMC a second time, then water and binder as taught Shindo in view of Onodera or the claimed order of CMC and water a second time, then binder because both would provide a negative electrode with less aggregates and less defects (see [0011] of Shindo). Further it has been held that “selection of any order of performing process steps is prima facie obvious” and “Selection of any order of mixing ingredients is prima facie obvious” (MPEP 2144.04) therefore it is the Examiner’s position the order of mixing steps as taught by Shindo in view of Onodera creates a prima facie case of obviousness and obviates the claimed order of mixing steps.
Regarding claim 4, Shindo in view of Onodera fails to teach wherein step (x1) includes: a step to mix carboxymethylcellulose with water to obtain a mixture; and a step to mix and knead the first mixed-kneaded body with the mixture. See 112 rejection above for interpretation.
However, one of ordinary skill in the art before the effective filing date of the invention would have expected the negative electrode coating liquid as taught by Shindo in view of Onodera and applicant’s invention to perform equally as well with mixing CMC, Water, and the first mixed-kneaded body together at the same time as taught by Shindo in view of Onodera or the claimed order of CMC mixed with water and then mixed with the first mixed-kneaded body because both would provide a negative electrode with less aggregates and less defects (see [0011] of Shindo). Further it has been held that “selection of any order of performing process steps is prima facie obvious” and “Selection of any order of mixing ingredients is prima facie obvious” (MPEP 2144.04) therefore it is the Examiner’s position the order of mixing steps as taught by Shindo in view of Onodera creates a prima facie case of obviousness and obviates the claimed order of mixing steps.
Regarding claim 6, Shindo in view of Onodera teaches wherein a duration of mixing and kneading (mixed in three-axis planetary dispersing/mixing/kneading machine, see example [0081] therefore the mixing/dispersing/kneading described by Shindo will be considered mixing and kneading) in the second step (steps described in [0027] and [0033]) is 10 minutes or more (30 minutes, see example 1 in [0084-0084] the mixing for step 2 is 10 minutes and 20 minutes making 30 minutes total).
Regarding claim 7, Shindo in view of Onodera teaches wherein a viscosity of a 1-weight % aqueous solution (10 to 1800 mPa*s, see [0028]) of the carboxymethylcellulose (carboxymethylcellulose, see [0026], see [0028] the first thickener) used in the first step (steps described in [0026]) is less than a viscosity of a 1-weight % aqueous solution (3000 to 10000 mPa*s, see [0029]) of the carboxymethylcellulose (carboxymethyl cellulose, see [0027], see [0029] the viscosity of the second thickener) mixed with the first mixed-kneaded body (mixture after step described in [0027]) in the second step (steps described in [0027] and [0033], see example 1, [0082-0084] wherein the first CMC has a lower viscosity in a 1% aqueous solution than the second CMC).
6. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shindo et al. (Pub. No. JP 2009099441 A) in view of Onodera et al. (Pub. No. JP 2023156004 A) as applied to claim 1 above, and further in view of Yi et al. (Pub. No. CN 113659218 A).
Regarding claim 5, Shindo in view of Onodera fails to teach wherein a duration of mixing and kneading in the first step is 60 minutes or more.
However, Yi teaches wherein a duration of mixing (dry mixing and stirring, see [0033]) and kneading (pre-dispersing stirring, see [0033], see [0066] specific example shows the pre-dispersing stirring includes kneading) in the first step (dry mixing and stirring/pre-dispersing stirring, see [0033]) is 60 minutes or more (5-60min, see [0033] for dry-mixing, further see [0066] gives a specific example of stirring for 15 minutes, and 60-120min for pre-dispersing stirring and kneading, see [0033], see specific example of 60 minutes in [0066] example 1 shows pre-dispersing/kneading for 60 minutes).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Shindo in view of Onodera to such that the mixing of the dry-mixing of negative electrode active material, carboxymethylcellulose, and polyacrylic acid is performed from 5-60 minutes, specifically 15 minutes and following mixing and kneading of water is between 60-120 minutes, specifically 60 minutes as taught by Yi to improve migration resistance of lithium ions during charging and discharging process and improve high rate continuous cycle stability (see [0026] of Yi).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723