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 .
The amendment filed 1/8/24 has been considered and entered. Claims 1-8 remain active in the application for prosecution thereof.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over EP3605675 in combination with KR2015021482.
EP3605675 teaches a binder composition for positive electrodes in a secondary battery whereby the binder composition includes acrylonitrile monomers, 1,3 butadiene monomers and butyl acrylate (abstract and examples 1 and 10)
EP3605675 fails to teach the inclusion of acetoacetoxyethyl methacrylate monomers (AAEM) instead of the butyl acrylate (BA).
KR2015021482 teaches a bind composition comprising acrylic resin prepared by polymerization of monomer mixture and 1-20 wt% of acetoacetoxyethyl methacrylate monomers (abstract).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified EP3605675 binder composition to substitute acetoacetoxyethyl methacrylate monomers (AAEM) for the butyl acrylate (BA) as evidenced by KR2015021482 with the expectation of reducing swelling and improving flexibility and integrity of the battery.
Regarding claim 2, while the Examiner acknowledges that EP3605675 teaches hydrogenated polymers, the Examiner takes the position that using non-hydrogenated or partially hydrogenated polymers would have been within the skill of one practicing in the art to obtain the binder with similar expectation of success absent a showing to the contrary.
Regarding claim 3, EP3605675 teaches a hydrogenated polymer (pg. 16, line 26 and example 10)
Regarding claims 4 and 5, KR2015021482 teaches a bind composition comprising acrylic resin prepared by polymerization of monomer mixture and 1-20 wt% of acetoacetoxyethyl methacrylate monomers (abstract). Overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of KR2015021482 wt% range that corresponds to the claimed range. In re Malagari, 182 USPQ 549 (CCPA 1974).
Regarding claims 6 and 7, EP3605675 teaches the nitrile rubber to include 35 mass% of acrylonitrile and 65 mass% of 1,3 butadiene monomers while KR2015021482 teaches a bind composition comprising acrylic resin prepared by polymerization of monomer mixture and 1-20 wt% of acetoacetoxyethyl methacrylate monomers (abstract). It would have been obvious to one having ordinary skill in the art to have selected the portion of KR2015021482 wt% range that corresponds to the claimed range. In re Malagari, 182 USPQ 549 (CCPA 1974). While the Examiner acknowledges the fact that the acrylonitrile and butadiene monomers are measures in mass% not wt%, the Examiner takes the position that these would be similar and hence would meet the claimed limitations. In support of the position, in example 10 of EP3605675, the components are disclosed as parts which would be equivalent to wt%.
Regarding claim 8, EP3605675 teaches the binder composition to be useful for secondary battery positive electrodes (Title and abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CLEVELAND can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN K TALBOT/ Primary Examiner, Art Unit 1712
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