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 .
2. Claims 1-20 are pending in this office action.
Priority
3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), which papers have been placed of record in the file.
Information Disclosure Statement
4. Information disclosure statement (IDS), submitted July 20, 2023, has been received and considered by the examiner.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. 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.
8. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2012/0330589 A1) in view of Mimura et al. (US 2018/0342765 A1).
With regard to Claims 1 and 5, Ryu et al. disclose a binder comprising a polymer, the polymer being obtained by polymerizing a first monomer, a second monomer, a third monomer, and a fourth monomer; wherein the first monomer, the second monomer, and the third monomer are each independently 0.001-40 parts by weight of a vinyl monomer, 1-20 parts by weight of an unsaturated carboxylic acid, and 1-80 parts by weight of a (meth)acrylic acid ester (paragraph 0010), which meets the claimed limitation of a being selected from aromatic alkenyl compounds, ethylenically unsaturated carboxylic acids, ethylenically unsaturated carboxylic acid salts, or ethylenically unsaturated carboxylates; and the first monomer, the second monomer, and the third monomer are different from each other; and the fourth monomer comprises a conjugated diene monomer (paragraph 023). Ryu et al. do not specifically disclose wherein the fourth monomer comprises a substituted or unsubstituted cyclic compound having at least one double bond, and wherein a mass percentage of the fourth monomer in the polymer is 0.5% to 10%.
Mimura et al. disclose a binder in a solid electrolyte composition, a monomer constituting the adhesive polymer comprises a ring structure of two or more rings, the ring contains a structure of any one of an aliphatic hydrocarbon ring, an unsaturated hydrocarbon ring, an aromatic ring, a heterocyclic ring, or a combination thereof, and having a mass of 10% or more and 85% or less with respect to 100% by mass of the polymer constituting the binder (paragraphs 0011-0013, 0172-0177). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the binder of Ryu et al. to include the fourth monomer comprising a substituted or unsubstituted cyclic compound having at least one double bond and wherein a mass percentage of the fourth monomer in the polymer is 0.5% to 10%, because Mimura et al. teach that this material allows for improved adsorption properties and further improves the bonding property between solid particles (paragraph 0187).
With regard to Claims 2-4, Mimura et al. disclose wherein the fourth monomer comprises a substituted or unsubstituted cyclic compound having at least two double bonds, wherein the cyclic compound having at least two double bonds comprises a cyclic diene; or at least one aromatic ring-containing diene and at least one non-aromatic cyclic diene; or at least one non-aromatic monocyclic diene and at least one non-aromatic polycyclic diene, more specifically, wherein the cyclic compound having at least two double bonds comprises the cyclic diene; and the cyclic diene comprises at least one of cyclopentadiene, cyclohexadiene, and cyclooctadiene (paragraphs 0172-0177). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the binder of Ryu et al. to include the fourth monomer comprising a substituted or unsubstituted cyclic compound having at least two double bonds, wherein the cyclic compound having at least two double bonds comprises a cyclic diene; or at least one aromatic ring-containing diene and at least one non-aromatic cyclic diene; or at least one non-aromatic monocyclic diene and at least one non-aromatic polycyclic diene, more specifically, wherein the cyclic compound having at least two double bonds comprises the cyclic diene; and the cyclic diene comprises at least one of cyclopentadiene, cyclohexadiene, and cyclooctadiene, because Mimura et al. teach that this material allows for improved adsorption properties and further improves the bonding property between solid particles (paragraph 0187).
With regard to Claim 6, Ryu et al. disclose wherein the first monomer comprises an 6. aromatic alkenyl compound, the second monomer comprises an ethylenically unsaturated carboxylic acid or an ethylenically unsaturated carboxylic acid salt, and the third monomer comprises an ethylenically unsaturated carboxylate (paragraphs 0010, 0016-0023).
With regard to Claim 7, Ryu et al. disclose wherein the aromatic alkenyl compound comprises at least one of styrene, α-methylstyrene, and tert-butylstyrene (paragraphs 0021-0022).
With regard to Claim 8, Ryu et al. disclose wherein the ethylenically unsaturated carboxylic acid or ethylenically unsaturated carboxylic acid salt comprises at least one of acrylic acid, methacrylic acid, lithium acrylic acid, potassium acrylic acid, sodium acrylic acid, lithium methacrylic acid, potassium methacrylic acid, or sodium methacrylic acid (paragraph 0020).
With regard to Claim 9, Ryu et al. disclose wherein the ethylenically unsaturated carboxylate comprises at least one of methyl acrylate, ethyl acrylate, isopropyl acrylate, n-butyl acrylate, hexyl acrylate, and 2-ethylhexyl acrylate (paragraph 0017).
With regard to Claim 10, Ryu et al. disclose wherein a mass percentage of the first monomer in the polymer is 0.001-40 parts by weight, which meets the claimed limitation of 5% to 45%; a mass percentage of the second monomer in the polymer is 1-20 parts by weight, which meets the claimed limitation of 0.5% to 89.5%; and a mass percentage of the third monomer in the polymer is 1-80 parts by weight, which meets the claimed limitation of 5% to 44.5% (paragraph 0010).
With regard to Claims 11 and 15, Ryu et al. disclose an electrochemical apparatus comprising a positive electrode, a negative electrode, an electrolyte, and a separator, wherein at least one of the positive electrode, the negative electrode, and the separator comprises a binder (paragraphs 0038-0045); the binder comprising a polymer, the polymer being obtained by polymerizing a first monomer, a second monomer, a third monomer, and a fourth monomer; ; wherein the first monomer, the second monomer, and the third monomer are each independently 0.001-40 parts by weight of a vinyl monomer, 1-20 parts by weight of an unsaturated carboxylic acid, and 1-80 parts by weight of a (meth)acrylic acid ester (paragraph 0010), which meets the claimed limitation of a being selected from aromatic alkenyl compounds, ethylenically unsaturated carboxylic acids, ethylenically unsaturated carboxylic acid salts, or ethylenically unsaturated carboxylates; and the first monomer, the second monomer, and the third monomer are different from each other; and the fourth monomer comprises a conjugated diene monomer (paragraph 023). Ryu et al. do not specifically disclose wherein the fourth monomer comprises a substituted or unsubstituted cyclic compound having at least one double bond, and wherein a mass percentage of the fourth monomer in the polymer is 0.5% to 10%.
Mimura et al. disclose a binder in a solid electrolyte composition, a monomer constituting the adhesive polymer comprises a ring structure of two or more rings, the ring contains a structure of any one of an aliphatic hydrocarbon ring, an unsaturated hydrocarbon ring, an aromatic ring, a heterocyclic ring, or a combination thereof, and having a mass of 10% or more and 85% or less with respect to 100% by mass of the polymer constituting the binder (paragraphs 0011-0013, 0172-0177). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the binder of Ryu et al. to include the fourth monomer comprising a substituted or unsubstituted cyclic compound having at least one double bond and wherein a mass percentage of the fourth monomer in the polymer is 0.5% to 10%, because Mimura et al. teach that this material allows for improved adsorption properties and further improves the bonding property between solid particles (paragraph 0187).
With regard to Claims 12-14, Mimura et al. disclose wherein the fourth monomer comprises a substituted or unsubstituted cyclic compound having at least two double bonds, wherein the cyclic compound having at least two double bonds comprises a cyclic diene; or at least one aromatic ring-containing diene and at least one non-aromatic cyclic diene; or at least one non-aromatic monocyclic diene and at least one non-aromatic polycyclic diene, more specifically, wherein the cyclic compound having at least two double bonds comprises the cyclic diene; and the cyclic diene comprises at least one of cyclopentadiene, cyclohexadiene, and cyclooctadiene (paragraphs 0172-0177). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the binder of Ryu et al. to include the fourth monomer comprising a substituted or unsubstituted cyclic compound having at least two double bonds, wherein the cyclic compound having at least two double bonds comprises a cyclic diene; or at least one aromatic ring-containing diene and at least one non-aromatic cyclic diene; or at least one non-aromatic monocyclic diene and at least one non-aromatic polycyclic diene, more specifically, wherein the cyclic compound having at least two double bonds comprises the cyclic diene; and the cyclic diene comprises at least one of cyclopentadiene, cyclohexadiene, and cyclooctadiene, because Mimura et al. teach that this material allows for improved adsorption properties and further improves the bonding property between solid particles (paragraph 0187).
With regard to Claim 16, Ryu et al. disclose wherein the first monomer comprises an 6. aromatic alkenyl compound, the second monomer comprises an ethylenically unsaturated carboxylic acid or an ethylenically unsaturated carboxylic acid salt, and the third monomer comprises an ethylenically unsaturated carboxylate (paragraphs 0010, 0016-0023).
With regard to Claim 17, Ryu et al. disclose wherein the aromatic alkenyl compound comprises at least one of styrene, α-methylstyrene, and tert-butylstyrene (paragraphs 0021-0022).
With regard to Claim 18, Ryu et al. disclose wherein the ethylenically unsaturated carboxylic acid or ethylenically unsaturated carboxylic acid salt comprises at least one of acrylic acid, methacrylic acid, lithium acrylic acid, potassium acrylic acid, sodium acrylic acid, lithium methacrylic acid, potassium methacrylic acid, or sodium methacrylic acid (paragraph 0020).
With regard to Claim 19, Ryu et al. disclose wherein a mass percentage of the first monomer in the polymer is 0.001-40 parts by weight, which meets the claimed limitation of 5% to 45%; a mass percentage of the second monomer in the polymer is 1-20 parts by weight, which meets the claimed limitation of 0.5% to 89.5%; and a mass percentage of the third monomer in the polymer is 1-80 parts by weight, which meets the claimed limitation of 5% to 44.5% (paragraph 0010).
With regard to Claim 20, Ryu et al. disclose wherein the negative electrode comprises a negative electrode current collector and a negative electrode active substance layer, the negative electrode active substance layer comprises a negative electrode active substance, a conductive agent, and the binder (paragraphs 0060-0062). Ryu et al. do not specifically disclose a mass percentage of the binder in the negative electrode active substance layer is 0.5% to 8%. The specific mass percentage of binder in the negative electrode active substance layer is not considered to confer patentability to the claims. In the negative electrode active substance layer, stability and cost of manufacturing are variables that can be modified, among others, by adjusting said mass percentage of binder in the negative electrode active substance layer, with the layer stability and manufacturing cost both increasing as the mass percentage of binder is increased, the precise mass percentage of binder would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the mass percentage of the binder in the negative electrode active substance layer of Ryu et al. to obtain the desired balance between the layer stability and cost of manufacturing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Conclusion
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725