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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-6, 8-9, and 11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bregazzi (US 3,443,900).
Regarding claim 1 Bregazzi discloses a process for producing a pulverulent acetylene black material comprising:
providing an initial acetylene black (C3/L30-50, Example 1, see: providing initial compressed acetylene black),
densifying the provided initial acetylene black to form a densified acetylene black (C3/L30-50, Example 1, see: ball milling initial compressed acetylene black providing a material with increased density), and
pulverizing the densified acetylene black to form the pulverulent acetylene black material (C3/L30-50, Example 1, see: ball milled material flakes were pulverized by passing through a mash screen or alternatively as in Example 2 C3/L55-65 the material can be pulverized in a Raymond pulverizer to obtain the equivalent pulverulent acetylene black material).
Regarding claim 5 Bregazzi discloses the process according to aa claim 1, wherein the densified acetylene black has a bulk density measured according to ASTM D1513-05 of at least 100 g/L (C3/L30-50, Example 1, see: ball milling initial compressed acetylene black providing a material with increased density of 25.6 lbs/ft3 (~410 g/L) considered to anticipate the claimed range).
Regarding claim 6 Bregazzi discloses the process according to claim 1, wherein pulverizing the densified acetylene black comprises milling the densified acetylene black (C3/L55-65, Example 2 see: the material can be pulverized in a Raymond pulverizer a form of hammer milling).
Regarding claim 8 Bregazzi discloses a pulverulent acetylene black material obtained according to the process of claim 1 (C3/L30-50, Example 1, see: pulverulent acetylene black material obtained in the process of Example 1).
Regarding claim 9 Bregazzi discloses the pulverulent acetylene black material according to claim 8 having a bulk density measured according to ASTM D1513-05 of at least 60 g/L (C3/L30-50, Example 1, see: ball milled material flakes were pulverized by passing through a mash screen to have a density of 17 lbs/ft3 (~272 g/L) considered to anticipate the claimed range).
Regarding claim 11 Bregazzi discloses a composition comprising a pulverulent acetylene black material according to claim 8 (C4/L10-15 see: obtained densified acetylene black material can be blended with tungsten metal powder for manufacturing tungsten carbide).
Claims 1-2, 4, 6-8, 11, 15-16, and 19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Arai (US 2012/0171104).
Regarding claim 1 Arai discloses a process for producing a pulverulent acetylene black material comprising:
providing an initial acetylene black (Abstract, [0020], see: providing an initial carbon black fine particles of acetylene black ),
densifying the provided initial acetylene black to form a densified acetylene black (Abstract, [0032], [0122]-[0124] see: carbon black fine particles (acetylene black) are granulated/pelletized in a granulator as in Fig. 2 and thus densified), and
pulverizing the densified acetylene black to form the pulverulent acetylene black material (Abstract, [0064]-[0065], [0130] see: granulated/pelletized acetylene black is then ground/pulverized in a grinder to obtain a ground product to be surface treated and dispersed into a printer ink).
Regarding claim 2 Arai discloses the process according to claim 1, wherein densifying the initial acetylene black comprises pelletizing the initial acetylene black to form a pelleted acetylene black (Abstract, [0032], [0122]-[0124] see: carbon black fine particles (acetylene black) are pelletized in a granulator as in Fig. 2).
Regarding claim 4 Arai discloses the process according to claim 1, wherein the densifying step is conducted using an agitation granulation device ([0029]-[0030], [0123] see: carbon black fine particles (acetylene black) are pelletized in a granulator as in Fig. 2 in a kneading vessel 11 with rotating kneading rods 12 considered to meet the definition of an agitation granulation device).
Regarding claim 6 Arai discloses the process according to claim 1, wherein pulverizing the densified acetylene black comprises milling the densified acetylene black (Abstract, [0064]-[0065], [0130] see: granulated/pelletized acetylene black is then ground/pulverized in a mill).
Regarding claim 7 Arai discloses the process according to claim 1, wherein the process further comprises de-aerating the initial acetylene black prior to the densifying step and/or wherein the process further comprises drying the acetylene black ([0123] see: the pellets are dried in air using a rotary kiln).
Regarding claim 8 Arai discloses a pulverulent acetylene black material obtained according to the process of claim 1 (Abstract, [0064]-[0065], [0130] see: granulated/pelletized acetylene black is then ground/pulverized in a grinder to obtain a ground product to be surface treated and dispersed into a printer ink).
Regarding claim 11 Arai discloses a composition comprising a pulverulent acetylene black material according to claim 8 (Abstract, [0096]-[0100] see: the ground acetylene black product is surface treated and dispersed into a printer ink dispersion).
Regarding claim 15 Arai discloses the article comprising the pulverulent acetylene black material according to claim 8, wherein the article is selected from the group consisting of electrodes and other components of energy storage and/or conversion devices, primary batteries, secondary batteries, fuel cells and capacitors, plastic articles made of a thermoplastic or thermoset polymer or rubber matrix, tires, wire and cable sheaths, belts, hoses, shoe soles, rollers, heaters, or bladders and/or in-coatings, paints or inks (Abstract, [0096]-[0100] see: the ground acetylene black product is surface treated and dispersed into a printer ink dispersion).
Regarding claim 16 Arai discloses the process according to claim 2, wherein the initial acetylene black is wet pelletized using an aqueous medium (Abstract, [0032], [0122]-[0124] see: carbon black fine particles (acetylene black) are mixed with water in a granulator as in Fig. 2 for pelletization).
Regarding claim 19 Arai discloses the composition of claim 11, wherein the composition comprises a dispersion of the pulverulent acetylene black material in an aqueous medium, an organic solvent-based carrier medium, or a plastic matrix ((Abstract, [0096]-[0100] see: the ground acetylene black product is surface treated and dispersed into an aqueous printer ink dispersion).
Claims 1-3, 6, 8, 11-13, 15, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsueda et al (JP H09171816A, reference made to attached English machine translation).
Regarding claim 1 Matsueda discloses a process for producing a pulverulent acetylene black material comprising:
providing an initial acetylene black ([0019] Example 1 see: providing acetylene black),
densifying the provided initial acetylene black to form a densified acetylene black ([0019] Example 1 see: Acetylene black granules (densifying) were obtained by kneading and granulating 98 parts by weight of acetylene black and 2 parts by weight of CMC as a binder), and
pulverizing the densified acetylene black to form the pulverulent acetylene black material ([0019]-[0020], [0022] Example 1 see: granules were pulverized with ball mills to achieve the pulverized acetylene black used in a positive electrode of a battery).
Regarding claim 2 Matsueda discloses the process according to claim 1, wherein densifying the initial acetylene black comprises pelletizing the initial acetylene black to form a pelleted acetylene black ([0019] Example 1 see: Acetylene black granules (densifying) were obtained by kneading and granulating 98 parts by weight of acetylene black and 2 parts by weight of CMC as a binder, where this is also referred to as pelletizing the acetylene black in the [Overview] section).
Regarding claim 3 Matsueda discloses the process according to claim 1, comprising using at least one additive in the step of densifying the initial acetylene black in the presence of a liquid medium and/or in a dry state ([0019] Example 1 see: Acetylene black granules were obtained by kneading and granulating 98 parts by weight of acetylene black and 2 parts by weight of CMC as a binder).
Regarding claim 6 Matsueda discloses the process according to claim 1, wherein pulverizing the densified acetylene black comprises milling the densified acetylene black ([0019]-[0020], Example 1 see: granules were pulverized with ball mills).
Regarding claim 8 Matsueda discloses a pulverulent acetylene black material obtained according to the process of claim 1 ([0019]-[0020], [0022] Example 1 see: pulverized acetylene black used in a positive electrode of a battery obtained by the process in Example 1).
Regarding claim 11 Matsueda discloses a composition comprising a pulverulent acetylene black material according to claim 8 ([0019]-[0020], [0022] Example 1 see: pulverized acetylene black used in a positive electrode composition of a battery).
Regarding claim 12 Matsueda discloses the composition according to claim 11 further comprising at least one electrochemically active ingredient ([0022]-[0023] see: pulverized acetylene black mixed with the active material (e.g. LiCoO2) used in a positive electrode of a battery).
Regarding claim 13 Matsueda discloses an article made from the composition according to claim 11, wherein the article is selected from the group consisting of an electrode or other component of an energy storage device or of an energy conversion device, a rubber article, and a plastic article ([0022]-[0023] see: pulverized acetylene black is part of a positive electrode of a battery).
Regarding claim 15 Matsueda discloses an article comprising the pulverulent acetylene black material according to claim 8, wherein the article is selected from the group consisting of electrodes and other components of energy storage and/or conversion devices, primary batteries, secondary batteries, fuel cells and capacitors, plastic articles made of a thermoplastic or thermoset polymer or rubber matrix, tires, wire and cable sheaths, belts, hoses, shoe soles, rollers, heaters, or bladders and/or coatings, paints or inks ([0022]-[0023] see: pulverized acetylene black is part of a positive electrode of a battery).
Regarding claim 17 Matsueda discloses the process according to claim 3, wherein the additive comprises a dispersant or a polymer ([0019] see: CMC (Carboxymethyl Cellulose) binder is a polymer).
Regarding claim 19 Matsueda discloses the composition of claim 11, wherein the composition comprises a dispersion of the pulverulent acetylene black material in an aqueous medium, an organic solvent-based carrier medium, or a plastic matrix ([0022]-[0023] see: pulverized acetylene black is mixed with a polyvinylidene fluoride binder in the electrode composition).
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.
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 2, 4-5, 7, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Matsueda et al (JP H09171816A, reference made to attached English machine translation) as applied to claims 1, 3, 6, 8, 11-13, 15, 17, and 19 above, and further in view of Diehl et al (US 2017/0015831).
Regarding claim 2 Matsueda discloses the process according to claim 1, and regarding the claim 2 limitation wherein densifying the initial acetylene black comprises “pelletizing the initial acetylene black to form a pelleted acetylene black” the translation of Matsueda recites pelletizing the carbon conductive agent (acetylene black) in the [Overview] section but also refers to the form as acetylene black granules in para [0019].
Thus in the alternative where it’s not clear the densifying is pelletizing the initial acetylene black to form a pelleted acetylene black, Diehl discloses a method of pelletizing initial acetylene black to form a pelleted acetylene black instead in a cost-efficient single step wet pelletizing process without binders (Diehl, [0011], [0017]-[0018]) which can be used as an electrically conductive agent for a battery (Diehl, [0035]).
Diehl and Matsueda are combinable as they are both concerned with the field of acetylene black for use as an electrically conductive agent for a battery.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of Matsueda in view of Diehl such that the acetylene black densifying/granulating step in Matsueda employs the method of pelletizing the initial acetylene black to form the pelleted acetylene black as in Diehl (paras [0017]-[0018]) as Diehl teaches this method more advantageously provides a cost-efficient single step wet pelletizing process without binders (Diehl, [0011], [0017]-[0018]).
Regarding claim 4 modified Matsueda discloses the process as set forth above, and Diehl further discloses wherein the densifying step is conducted using an agitation granulation device (Diehl, [0017] see: agitation granulation systems like a ring layer mixer granulator can be use).
Regarding claim 5 modified Matsueda discloses the process as set forth above, and Diehl further discloses wherein the densified acetylene black has a bulk density measured according to ASTM D1513-05 of at least 100 g/L (Diehl, [0041], Table 4 see: obtained pelletized acetylene black has a bulk density of e.g. 205, 248, 260, 260, 289 g/L).
Regarding claim 7 modified Matsueda discloses the process as set forth above, and Diehl further discloses wherein the process further comprises de-aerating the initial acetylene black prior to the densifying step and/or wherein the process further comprises drying the acetylene black (Diehl, [0018] see: subsequently the obtained pellets are dried).
Regarding claim 10 modified Matsueda discloses the pulverulent acetylene black material as set forth above, and Diehl further discloses the material having one or more than one or all of the following:
a BET surface area measured according to ASTM D6556-19a of 20 to 200 m2/g,
an oil absorption number (OAN) measured according to ASTM D2414-19 of 100 to 500 mL/100 g (Table 4 see: acetylene black having OAN of 188, 280, 164, 172, 190 mL/ 100g),
an acetone absorption number measured according to Indian Standard IS 12178-1987, test method A-6, of 15 to 80 mL/5 g,
a carbon content of at least 99.0 wt. %,
a sulfur content of less than 0.1 wt. %,
an iron content of less than 1,000 ppm, and/or
an ash content measured according to ASTM D1506-15 of less than 0.1 wt. % (Table 4 see: acetylene black having ash contact of 0.01 wt%).
Regarding claim 16 modified Matsueda discloses the process as set forth above, and Diehl further discloses wherein the initial acetylene black is wet pelletized using an aqueous medium (Diehl, [0017], [0019]-[0021] see: process is a wet pelletizing process with water).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Matsueda et al (JP H09171816A, reference made to attached English machine translation) as applied to claims 1, 3, 6, 8, 11-13, 15, 17, and 19 above, and further in view of Mesuda (US 2018/0102534).
Regarding claim 9 Matsueda discloses the pulverulent acetylene black material according to claim 8 but does not explicitly disclose having a bulk density measured according to ASTM D1513-05 of at least 60 g/L.
Mesuda teaches for such acetylene black used as a conductive material in a positive electrode (para [0026]) the acetylene black conductive material having a bulk density of 0.08 g/cc (80g/L) to 0.2 g/cc (200g/L) provides acceptable electrical resistivity in the positive electrode (See Table 1 Examples 4-7) by providing a more favorable degree of dispersion of the electrode active material and the conductive material to prevent an increase in electrical resistivity of said mixture (para [0016]).
Mesuda and Matsueda are combinable as they are both concerned with the field of acetylene black for use as an electrically conductive agent for a battery.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the pulverulent acetylene black material of Matsueda in view of Mesuda such that the material has a bulk density measured according to ASTM D1513-05 of at least 60 g/L as Mesuda teaches for such acetylene black used as a conductive material in a positive electrode (Mesuda, para [0026]) the acetylene black conductive material having a bulk density in the claimed range provides acceptable electrical resistivity in the positive electrode (Mesuda, See Table 1, Examples 4-7) by providing a more favorable degree of dispersion of the electrode active material and the conductive material to prevent an increase in electrical resistivity of said mixture (Mesuda, para [0016]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Matsueda et al (JP H09171816A, reference made to attached English machine translation) as applied to claims 1, 3, 6, 8, 11-13, 15, 17, and 19 above, and further in view of Miyazaki et al (US 2016/0308193).
Regarding claim 10 Matsueda discloses the pulverulent acetylene black material according to claim 8 and although Matsueda discloses the acetylene black having a specific surface area of 30 m2/g (para [0021]) Matsueda does not explicitly disclose this surface area is a BET surface area and does not explicitly disclose a BET surface area measured according to ASTM D6556-19a of 20 to 200 m2/g.
However, Miyazaki teaches an acetylene black having a BET surface area of 25 m2/g or more and 50 m2/g or less (para [0012]) for a positive electrode of a battery where such a BET specific surface area range prevents a decrease in the charge/discharge cycle capacity retention rate and the remaining capacity rate after high-temperature storage (paras [0085]-[0086], Table 3).
Miyazaki and Matsueda are combinable as they are both concerned with the field of acetylene black for use as an electrically conductive agent for a battery.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the pulverulent acetylene black material of Matsueda in view of Miyazaki such that the BET surface area of the acetylene black of Matsueda is 25 m2/g or more and 50 m2/g or less as in Miyazaki (para [0012]) as Miyazaki teaches this range prevents a decrease in the charge/discharge cycle capacity retention rate and the remaining capacity rate after high-temperature storage (paras [0085]-[0086], Table 3).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Matsueda et al (JP H09171816A, reference made to attached English machine translation) in view of Diehl et al (US 2017/0015831) as applied to claims 1-8, 10-13, 15-17, and 19 above, and further in view of Sugihara et al (US 4,608,244).
Regarding claim 18 modified Matsueda discloses the process according to claim 7, wherein the drying step is practiced after the densifying step (Diehl, [0018] see: subsequently the obtained pellets are dried) but is silent to the residual moisture content being less than 0.5 wt. %.
However, Sugihara teaches in such drying steps performed after granulating acetylene black, the drying is performed such that granulated particle moisture content is less than 0.5 wt% (Abstract, and see Table 1 Water content of granulated particles 0.02-0.03 wt%).
Sugihara and modified Matsueda are combinable as they are both concerned with the field of drying pelletized/granulated acetylene black.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of Matsueda in view of Sugihara such that the residual moisture content after the drying step is less than 0.5 wt. % as in Sugihara (Abstract, and see Table 1 Water content of granulated particles 0.02-0.03 wt%) as low to no moisture content in the pelletized acetylene black is desirable.
Conclusion
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
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