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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-17 in the reply filed on 06/05/2026 is acknowledged. The traversal is on the ground(s) that there is no undue burden on the examiner to examine all claims since the search and examination for the inventions of Group I and Group II would overlap. This is not found persuasive because it is the examiner’s position that there would be undue burden for the reasons set forth in paragraph 4 of the office action mailed 04/10/2026.
The requirement is still deemed proper and is therefore made FINAL.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/05/2026.
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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirata et al. (JP 2010009940 A).
Regarding claims 1 and 5-7:
Hirata et al. teaches a positive electrode, i.e. first electrode, may have active materials, i.e. metal oxides or metal sulfides ([0023] lines 4-6), electrically conductive materials such as fine particles of graphite, carbon black such as acetylene black, Ketjen black, and carbon nanofibers ([0028] lines 3-5), and an aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride ([0060] may be used in a positive electrode. The aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride is prepared by reacting a copolymer of methyl vinyl ether and maleic anhydride with lithium hydroxide monohydrate, which would necessarily meet formula I with lithium hydroxide as presently claimed ([0059]), i.e. poly(methyl vinyl ether-alt-lithium malate).
Regarding claim 2:
Hirata et al. teaches the positive electrode, i.e. first electrode, is 85 parts by mass of LiNi0.8Co0.17Al-0.03O2 as the positive electrode active material, 12 parts by mass of acetylene black as the electrically conductive material, and 14 parts by mass of a 15% by mass aqueous solution of the water-soluble polymer neutralization salt of the copolymer of the methyl vinyl ether and maleic anhydride was added and dispersed as a binder ([0060]).
Regarding claims 3-4:
Hirata et al. teaches a positive electrode, i.e. first electrode, may have active materials, i.e. first electroactive materials, such as metal sulfides TiS2 and FeS2 may be materials to which Li have been added or substituted, i.e. electroactive material comprises S, Li2S2, Li2S, or a combination thereof ([0023]).
Regarding claims 8-9 and 12-17:
Hirata et al. teaches a positive electrode, i.e. first electrode, may have active materials, i.e. metal oxides or metal sulfides ([0023] lines 4-6), electrically conductive materials such as fine particles of graphite, carbon black such as acetylene black, Ketjen black, and carbon nanofibers ([0028] lines 3-5), and an aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride ([0060] may be used in a positive electrode. The aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride is prepared by reacting a copolymer of methyl vinyl ether and maleic anhydride with lithium hydroxide monohydrate, which would necessarily result in a lithiated maleic anhydride copolymer as presently claimed ([0059]).
Hirata et al. teaches the positive electrode, i.e. first electrode, is 85 parts by mass of LiNi0.8Co0.17Al-0.03O2 as the positive electrode active material, 12 parts by mass of acetylene black as the electrically conductive material, and 14 parts by mass of a 15% by mass aqueous solution of the water-soluble polymer neutralization salt of the copolymer of the methyl vinyl ether and maleic anhydride was added and dispersed as a binder ([0060]).
Hirata et al. also teaches a negative electrode, i.e. second electrode, may include active materials such as lithium or lithium alloys ([0032]) and an electrolyte solution, where the electrolyte may be a non-aqueous liquid electrolyte solution that includes one or more lithium salts: lithium hexafluorophosphate, lithium perchlorate, lithium tetrachloroaluminate, lithium iodide, lithium thiocyanate, lithium tetrafluoroborate, lithium hexafluoroarsenate, lithium trifluoromethanesulfonate, lithium bis(trifluoromethanesulfonimide, or combinations thereof ([0044]).
Further, Hirata et al. teaches lithium salts may be dissolved in a variety of non-aqueous aprotic organic solvents, such as cyclic carbonates, linear carbonates, sulfone or sulfoxide compounds, and cyclic ethers or a combination thereof ([0035]).
Regarding claims 10-11:
Hirata et al. teaches a positive electrode, i.e. first electrode, may have active materials, i.e. first electroactive materials, such as metal sulfides TiS2 and FeS2 may be materials to which Li have been added or substituted, i.e. electroactive material comprises S, Li2S2, Li2S, or a combination thereof ([0023]).
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.
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.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hirata et al. (JP 2010009940 A) in view of Chu et al. (US 20150243995 A1).
Regarding claims 7 and 14:
Hirata et al. teaches an electrode as set forth above.
However, Hirata et al. does not teach a lithiated maleic anhydride copolymer comprising poly(methyl vinyl ether-alt-lithium malate).
Chu et al. teaches a binder system that includes a lithiated synthetic polymer which can be lithiated methyl vinyl ether and maleic anhydride copolymers ([0036], [0038]) and that Lithiated Gantrez 139 is a lithium salt of a copolymer of maleic anhydride and methyl vinyl ether, i.e. poly(methyl vinyl ether-alt-lithium malate (page 12, Table 1).
Chu et al. also teaches a binder composition that includes the Lithiated Gantrez 139, i.e. poly(methyl vinyl ether-alt-lithium malate), is capable of improving the capacity of lithium-ion batteries ([0010]).
In light of the motivation for using a binder system that includes Lithiated Gantrez 139 disclosed by Chu et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the binder system in the electrode of Hirata et al. in order to improve the capacity of lithium-ion batteries.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Coowar et al. (GB 2487569 A) teaches suitable metal ion salts of the polymers or copolymers include salts of lithium (page 14, lines 28-29).
Coowar et al. also teaches a metal ion salt of a copolymer, wherein the polymer or copolymer includes as a substituent, one or more carboxyl containing groups, each carboxyl containing group being derived from a carboxyl containing monomer unit such as a maleic anhydride and a maleic anhydride derivative (page 16, lines 25-29).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON E. BROWN whose telephone number is (571)775-5984. The examiner can normally be reached M-Th 8am-6pm.
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/MADISON ELIZABETH BROWN/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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