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
Claims 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/12/2026.
Claim Rejections - 35 USC § 103
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.
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 1-13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US 2023/0343963).
As to claim 1, Ho discloses a modified binder ([0012], conductive composition, discussed throughout), comprising: a conductive carbon nanotube ([0012], carbon nanomaterial, which can be carbon nanotubes, [0070]-[0074], discussed throughout); and a first grafting agent located on the conductive carbon nanotube ([0012]-[0020], polymeric material, [0102], discussed throughout), the first grafting agent comprising a copolymer of acrylic-based monomer ([0112]-[0113], discussed throughout) unit-acrylamide-based monomer unit ([0117], [0132], discussed throughout) and/or a copolymer of acrylic-based monomer unit-acrylonitrile-based monomer ([0112]-[0113], discussed throughout) unit-acrylamide-based monomer unit ([0127], discussed throughout).
NOTE: this is a 103 type rejection because of picking and chose materials from a list of option. It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the claimed materials from Ho as a mere combing prior art elements according to known methods to obtain predictable (see MPEP 2143).
As to claim 2, Ho discloses wherein, a monomer corresponding to the acrylic-based monomer unit comprises acrylic acid and a C1-C6 alkyl-substituted acrylic-based monomer; a monomer corresponding to the acrylonitrile-based monomer unit comprises acrylonitrile, a C1-C6 alkyl-substituted acrylonitrile-based monomer; and a monomer corresponding to the acrylamide-based monomer unit comprises acrylamide, a C1-C6 alkyl-substituted acrylamide-based monomer ([0040], [0117], [0127], [0135], discussed throughout).
As to claim 3, Ho discloses wherein, at 25° C., an aqueous solution of the modified binder with a solid content of 0.8%-1.4% ([0155]-[0156], [0159]-[0160], discussed throughout) has a viscosity of 20,000 mPa·s-40,000 mPa·s ([0181], [0060] to show the temperature; discussed throughout).
As to claim 4, Ho discloses wherein, the first grafting agent has a weight average molar mass of 5,000 Da to 100,000 Da ([0150]-[0151], discussed throughout).
As to claim 5, Ho discloses wherein, the conductive carbon nanotube comprises a single-walled carbon nanotube and a multi-walled carbon nanotube ([0079], discussed throughout).
As to claim 6, Ho discloses wherein, the conductive carbon nanotube has a length of 1 μm-5 μm ([0083], discussed throughout).
As to claim 7, Ho is silent to wherein a binder composition, comprising: the modified binder according to claim 1; and a second binder; wherein at 25° C., the second binder with a solid content of 3% has a viscosity of 2,000 mPa·s-7,000 mPa·s. This is because Ho is silent to a second binder. It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have a second binder from the same listed options as a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I) thus resulting in two binders wherein the second binder would exhibit the required properties ([0151]-[0160] and [0181], [0060]).
As to claim 8, Ho discloses wherein, the second binder comprises a copolymer of acrylic-based monomer ([0112]-[0113], discussed throughout) unit-acrylonitrile-based monomer unit ([0112]-[0113], discussed throughout) and/or a copolymer of acrylic-based monomer unit-acrylonitrile-based monomer ([0112]-[0113], discussed throughout) unit-acrylamide-based monomer unit ([0127], discussed throughout).
As to claim 9, Ho discloses wherein, a monomer corresponding to the acrylic-based monomer unit comprises acrylic acid and a C1-C6 alkyl-substituted acrylic-based monomer; a monomer corresponding to the acrylonitrile-based monomer unit comprises acrylonitrile, a C1-C6 alkyl-substituted acrylonitrile-based monomer; and a monomer corresponding to the acrylamide-based monomer unit comprises acrylamide, a C1-C6 alkyl-substituted acrylamide-based monomer ([0040], [0117], [0127], [0135], discussed throughout).
As to claim 10, Ho discloses wherein, the second binder has a polar group ([0103]-[0105], discussed throughout).
As to claim 11, Ho discloses wherein, the second binder has a weight average molar mass of 50,000 Da-2,000,000 Da ([0150]-[0151], discussed throughout).
As to claim 12, Ho is silent to wherein, a mass ratio of the modified binder to the second binder is 1:(8-12). However, given that the claim is written as wherein the first binder and the second binder can be the same binder due to a lack of claimed structure the weight ratio can be considered arbitrary. Furthermore, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have optimize the binders weight percentages through routine optimization (see MPEP 2144.05 II).
As to claim 13, Ho discloses wherein, at 25° C., an aqueous solution of the binder composition with a solid content of 3% ([0155]-[0156], [0159]-[0160], discussed throughout) has a viscosity of 15,000 mPa·s-mPa·s ([0181], [0060] to show the temperature; discussed throughout).
As to claim 18, Ho discloses an anode slurry, comprising the modified binder according to claim 1 ([0211], discussed throughout).
As to claim 19, Ho discloses anode plate, comprising: an anode current collector; and an anode active material layer located on at least one surface of the anode current collector; wherein, the anode active material layer comprises the modified binder according to claim 1 ([0211], [0243], [0244], discussed throughout).
As to claim 20, Ho discloses wherein, the anode active material layer further comprises a first anode active material and a second anode active material ([0211]), and a mass ratio between the first anode active material, the second anode active material and the binder composition is (80-95):(1-20):(0.5-2) ([0219]-[0228]; note there is no claimed difference between the first anode active material and the second anode active material making the weight ratios thereof arbitrary as any material could be considered either).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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