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 .
Status of the Claims
The claims submitted 01/18/2024 have been entered and fully considered. Claims 1-20 are pending and examined herein.
Claim Objections
Claims 3 and 7 are objected to because of the following informalities: It appears applicant is attempting to recite a Markush group in the instant claims. If so, it is requested that the claims be amended to recite “at least one selected from the group consisting of”. Appropriate correction is required.
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.
Claims 15-16 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 15, the claim recites the limitation “the fluoropolymer” in lines 9 and 10 and “the carbon nanotube” in line 10. It is unclear which fluoropolymer this limitation is referring to (the one in line 2 or the one in line 8); and it is unclear which carbon nanotube this limitation is referring to (the one in line 2 or the one in line 8). It appears the limitation “a fluoropolymer and a carbon nanotube” are intended to refer to the fluoropolymer and the carbon nanotube previously recited. Therefore, for the purpose of this Office action, the limitation will be treated in this manner. The issue can be resolved by amending line 8 to recite “the fluoropolymer and the carbon nanotube.” Claim 16 depends from claim 15 and is rejected for the same reason.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 7-8, 10-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/215768 A1 (“Kim” – US 2023/0246173 A1 cited herein as an English language equivalent).
Regarding claims 1, 3, and 17, Kim discloses a secondary battery comprising a negative electrode (“anode plate”) (Abstract; [0014]). The negative electrode comprises a negative electrode current collector and a negative electrode active material layer disposed on at least one surface of the negative electrode current collector ([0088]).
The negative electrode active material layer comprises a negative electrode active material, polyvinylidene fluoride, and a carbon nanotube structure (Abstract; [0050]). The polyvinylidene fluoride coats at least a portion of the carbon nanotube structure ([0050], [0059], [0061]). Therefore, it is considered that at least one carbon nanotube is wrapped around the polyvinylidene fluoride and the negative electrode active material.
Regarding claim 2, the is recited in the manner of “at least one of A and B.” The claim therefore requires at least one of A (the homopolymer) and at least one of B (the copolymer). Superguide Corp. v. Direct TV Enterprises, Inc., 358 F.3d 870, 69 USPQ2d 1865 (Fed. Cir. 2004). Should applicant wish to recite the homopolymer and the copolymer in the alternative, they are invited to amend the claim.
Kim discloses the anode plate of claim 1. As discussed above, Kim discloses polyvinylidene fluoride (Abstract). This corresponds to the claimed homopolymer. Kim further discloses the polyvinylidene fluoride includes a modified polyvinylidene fluoride modified with at least one functional group, specifically a hydrophilic functional group such as an acid functional group and an ester functional group ([0067]). This is considered to read on the claimed the claimed copolymer with sufficient specificity so as to anticipate the claimed copolymer.
Alternatively, Kim further discloses the negative electrode active material layer further includes a binder, such as a vinylidene fluoride-hexafluoropropylene copolymer (PVDF-co-HFP) ([0099]).
Regarding claim 4, Kim discloses the anode plate of claim 1. Kim further discloses the weight average molecular weight of the polyvinylidene fluoride is 100,000 g/mol to 900,000 g/mol ([0065]).
Regarding claim 7, Kim discloses the anode plate of claim 1. Kim further discloses the carbon nanotube structure includes a plurality of single-walled carbon nanotube units ([0040]).
Regarding claim 8, Kim discloses the anode plate of claim 1. Kim further discloses the average diameter of the carbon nanotubes is 0.5 nm to 10 nm ([0044]).
Regarding claims 10-12, Kim discloses the anode plate of claim 1. Kim further discloses an example wherein the negative electrode active material, carbon nanotube structure, and polyvinylidene fluoride are provided in amounts of 96.00:0.67:3.33 by weight ([0131]).
Regarding claim 13, Kim discloses the anode plate of claim 1. Kim further discloses the negative electrode active material layer further includes a conductive material ([0101]).
Regarding claim 14, Kim discloses the anode plate of claim 1. Kim further discloses the negative electrode active material layer further includes a binder, such as a vinylidene fluoride-hexafluoropropylene copolymer (PVDF-co-HFP) ([0099]).
Regarding claim 15, Kim discloses a secondary battery comprising a negative electrode (“anode plate”) (Abstract; [0014]). The negative electrode comprises a negative electrode current collector and a negative electrode active material layer disposed on at least one surface of the negative electrode current collector ([0088]).
The negative electrode active material layer comprises a negative electrode active material, polyvinylidene fluoride, and a carbon nanotube structure (Abstract; [0050]). The polyvinylidene fluoride coats at least a portion of the carbon nanotube structure ([0050], [0059], [0061]). Therefore, it is considered that at least one carbon nanotube is wrapped around the polyvinylidene fluoride and the negative electrode active material.
Kim discloses the negative electrode is prepared by preparing a negative electrode slurry comprising the polyvinylidene fluoride and the carbon nanotube, coating the slurry on at least one surface of a negative electrode current collector, drying, and roll-pressing to obtain the negative electrode ([0133]-[0134]). Roll-pressing without the description of hot pressing or temperature is presumed to read on cold-pressing, consistent with the typical understanding in the art.
Regarding claims 18-20, Kim discloses the secondary battery of claim 17. Kim further discloses a battery module, battery pack, and an electronic device comprising the secondary battery ([0118]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/215768 A1 (“Kim” – US 2023/0246173 A1 cited herein as an English language equivalent) in view of KR 10-2015-0060527 A (“Takano” – machine translation cited herein).
Regarding claims 5-6, Kim discloses the anode plate of claim 1. Kim does not expressly the fluoropolymer is a spherical particle.
Takano discloses a rechargeable lithium battery including a negative electrode having a negative electrode active material layer which includes a negative electrode active material, a water-soluble polymer, and a fluorinated polymer particle (Abstract). The fluorinated polymer particles are fluorine-based polymer microparticles ([0043]). The fluorine-based polymer microparticles are spherical and have an average particle size (arithmetic mean of particle size) such that the particles can be easily dispersed in the negative electrode active material layer. For example, the average particle size is around 150 nm ([0060]). The fluorine-based polymer microparticles within the negative electrode active material layer firmly bind the negative electrode active materials together, thereby suppressing the shrinkage and expansion of the silicon-based material ([0045]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the fluoropolymer of Kim as spherical microparticles as taught by Takano or alternatively to add the fluorine-based polymer microparticles as taught by Takano to firmly bind the negative electrode active materials together.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/215768 A1 (“Kim” – US 2023/0246173 A1 cited herein as an English language equivalent).
Regarding claim 9, Kim discloses the anode plate of claim 1. Kim further discloses the average diameter of the carbon nanotubes is 0.5 nm to 10 nm ([0044]) and the average length of the carbon nanotubes is 1 µm to 100 µm ([0046]). This leads to a maximum range of aspect ratio (length/diameter) of 100 to 200,000. The aspect ratio would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because the aspect ratio disclosed by Kim overlaps the aspect ratio as claimed. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Furthermore, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); and MPEP 2144.05.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/215768 A1 (“Kim” – US 2023/0246173 A1 cited herein as an English language equivalent) in view US 5,776,637 (“Kashio”).
Regarding claim 16, Kim discloses the anode plate of claim 1. Kim is silent regarding the fluoropolymer being prepared by emulsion polymerization.
Kashio discloses a binder solution for providing an electrode suitable for use in non-aqueous-type electrochemical devices (Abstract). The binder comprises a vinylidene fluoride polymer prepared by polymerization of vinylidene fluoride or copolymerization of vinylidene fluoride with a comonomer copolymerizable therewith. The polymerization or copolymerization may be performed by emulsion polymerization (col. 5, lines 30-37). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the polyvinylidene fluoride of Kim by emulsion polymerization because Kashio shows it is a well-recognized method of forming vinylidene fluoride polymers. Moreover, one skilled in the art would expect predictable results by the use of the method disclosed by Kashio.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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