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 .
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.
Claim 13 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.
Claim 13 recites the limitation "the cellulose or cellulose derivative" in line. There is insufficient antecedent basis for this limitation in the claim. The limitation is first introduced in non-linked claim 5.
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, 4, 5, 7-14, 16, 18, 20-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Uchiyashiki et al. (WO2019/131710 (corresponding US PGPub 2020/0350590 used for citation purposes)).
Considering Claim 1, Uchiyashiki discloses a negative electrode waterborne slurry composition (aqueous medium for a dispersion medium slurry [0118, 0119] for forming a negative electrode [0120, 0136, 0156]) comprising
a binder comprising an addition polymer (binder contains a copolymer [Abstract]) comprising:
(a) 0.1% to 15% by weight of constitutional units comprising the residue of an alpha,beta-ethylenically unsaturated carboxylic acid (ethylenically unsaturated carboxylic acid a3 monomer is used in amount of 0.10 to 10.0% by mass [0076], examples include acrylic acid, methacrylic acid, maleic acid, fumaric acid, and itaconic acid [0079] which are known alpha,beta);
(b) 0.1% to 25% by weight of constitutional units comprising the residue of an ethylenically unsaturated monomer comprising a hydroxyl functional group (may contain an ethylenically unsaturated monomer a5 [0087] such as bis(2-hydroxyethyl methacrylate) phosphate [0087], as minor monomers and crosslinking agent [0081] are included to up to at least 5% by mass [0076, 0081], including a weight of 0.1% to 5% by weight for predicted unsaturated monomer effect of good electrolyte immersion property into the electrode [0165] would have been obvious to a person of ordinary skill in the art);
(c) 30% to 90% by weight of constitutional units comprising the residue of an alkyl ester of (meth)acrylic acid (carboxylic acid ester 30% to 85% by mass [0071] such as alkyl (meta)acrylate [0074]); and
(d) 0.1% to 50% by weight of constitutional units comprising the residue of a vinyl aromatic compound, the % by weight based on the total weight of the addition polymer (a1 styrene-based monomer is preferably 30.0 to 60.0% by mass based on total mass of the monomer A [0066] such as styrene and vinyl toluene [0067, 0068]);
a negative electrode active material (negative electrode active material [0120, 0156]); and
an aqueous medium (aqueous medium [0118, 0119]).
Considering Claim 4, Uchiyashiki discloses that the addition polymer has a theoretical glass transition temperature of less than 50 °C (glass transition temperature of 30 °C or less [0038]).
Considering Claim 5, Uchiyashiki discloses that the binder further comprises cellulose or a cellulose derivative (slurry contains thickener [0114, 0118] such as cellulose and cellulose derivatives [0123]).
Considering Claim 7, Uchiyashiki discloses that the binder is substantially free of styrene-butadiene polymer (styrene options do not include styrene-butadiene [0068, 0069]).
Considering Claim 8, Uchiyashiki discloses that the binder further comprises a cross-linking agent (monomer includes crosslinking agent [00080]).
Considering Claim 9, Uchiyashiki discloses that the negative electrode active material comprises graphite, silicon (graphite, silicon negative electrode active material [0120]).
Considering Claim 10, Uchiyashiki discloses a conductive additive comprising conductive carbon (conductive auxiliary agent such as carbon black, carbon fiber [0122]).
Considering Claim 11, Uchiyashiki discloses 1% to 10% by weight of the binder (binder is preferably 0.3 to 1.7 parts by mass [0115, 0156]); and
90% to 99% by weight of the negative electrode active material based on total solids weight ([0156]).
Considering Claim 12, Uchiyashiki discloses 0.5% to 5% by weight of the binder (binder is preferably 0.3 to 1.7 parts by mass [0115, 0156]); and approximately equal parts negative electrode active material and water [0156].
Considering Claim 13, Uchiyashiki discloses 0.5% to 5% by weight of the binder (binder is preferably 0.3 to 1.7 parts by mass [0115, 0156]); and 0.5% to 5% by weight of the cellulose based on the total solids weight (0.5 to 1.5 parts by mass thickener cellulose [0123, 0124]).
Considering Claim 14, Uchiyashiki discloses that the main medium is water [0119, 0144, 0156], and the alternate medium may include an organic co-solvent [0119], so routinely experimenting with and coming up with a co-solvent amount of 0.1% to 20% by weight for an effective dispersion for the negative electrode [0156, 0157] would have been obvious to a person of ordinary skill in the art.
Considering Claim 16, Uchiyashiki discloses that the organic co-solvent is non-flammable and has a flash point of at least 93 °C (N-methylpyrrolidone co-solvent [0119]).
Considering Claim 18, Uchiyashiki discloses a negative electrode (negative electrode [0157, 0136]) comprising:
(a) an electrical current collector (negative current collector [0157]); and
(b) a film formed on the electrical current collector (formed active material layer [0157], wherein the film comprises (layer contains composition [0157, 0156]):
(1) a binder comprising an addition polymer (binder contains a copolymer [Abstract]) comprising:
(a) 0.1% to 15% by weight of constitutional units comprising the residue of an alpha,beta-ethylenically unsaturated carboxylic acid (ethylenically unsaturated carboxylic acid a3 monomer is used in amount of 0.10 to 10.0% by mass [0076], examples include acrylic acid, methacrylic acid, maleic acid, fumaric acid, and itaconic acid [0079] which are known alpha,beta);
(b) 0.1% to 25% by weight of constitutional units comprising the residue of an ethylenically unsaturated monomer comprising a hydroxyl functional group (may contain an ethylenically unsaturated monomer a5 [0087] such as bis(2-hydroxyethyl methacrylate) phosphate [0087], as minor monomers and crosslinking agent [0081] are included to up to at least 5% by mass [0076, 0081], including a weight of 0.1% to 5% by weight for predicted unsaturated monomer effect of good electrolyte immersion property into the electrode [0165] would have been obvious to a person of ordinary skill in the art);
(c) 30% to 90% by weight of constitutional units comprising the residue of an alkyl ester of (meth)acrylic acid (carboxylic acid ester 30% to 85% by mass [0071] such as alkyl (meta)acrylate [0074]); and
(d) 0.1% to 50% by weight of constitutional units comprising the residue of a vinyl aromatic compound, the % by weight based on the total weight of the addition polymer (a1 styrene-based monomer is preferably 30.0 to 60.0% by mass based on total mass of the monomer A [0066] such as styrene and vinyl toluene [0067, 0068]); and
(2) a negative electrode active material (negative electrode active material [0120, 0156]).
Considering Claim 20, Uchiyashiki discloses that the aqueous medium may comprise an organic hydrophilic solvent in addition to main water medium [0119]. Because the slurry is heated and dried during multiple steps to provide a negative electrode active material layer [0157], performing the method to provide a residual organic co-solvent in an amount of less than 2,000 ppm would have been obvious to a person of ordinary skill in the art.
Considering Claim 21, Uchiyashiki discloses an electrical storage device (nonaqueous battery [0136] such as a lithium ion secondary battery [0159]) comprising:
(a) the negative electrode of claim 18 (battery and components [0136], see claim 18);
(b) a positive electrode (positive electrode [0136]);
(c) an electrolyte (electrolyte [0136]); and
(d) a polymer separator (separator [0136]
Considering Claim 22, Uchiyashiki discloses that the electrolyte (c) comprises a lithium salt dissolved in a solvent comprising an organic carbonate (lithium salts [0134] dissolved in organic carbonate [0135]).
Considering Claim 24, Uchiyashiki discloses that the electrical storage device comprises a cell and a secondary battery (nonaqueous battery [0136] such as a lithium ion secondary battery [0159]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Uchiyashiki et al. (WO2019/131710 (corresponding US PGPub 2020/0350590 used for citation purposes)) and further in view of Ishihara (PGPub 2019/0379049).
Considering Claim 2, Uchiyashiki is silent to a methoxy(poly(alkyleneglycol))(meth)acrylate.
Ishihara discloses an analogous binder for an electrochemical element comprising a polymer. A monomer may include styrene [0089] and a monomer including methoxy ethylene glycol (meth)acrylate [0094]. The composition can realize satisfactory bindability with metal foil and exhibit good coating property [0054], as well as dispersibility and excellent rate characteristics [0033].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the binder of Uchiyashiki with the methoxy ethylene glycol (meth)acrylate of Ishihara in order to realize satisfactory bindability with metal foil and exhibit good coating property [0054], as well as dispersibility and excellent rate characteristics [0033].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Uchiyashiki et al. (WO2019/131710 (corresponding US PGPub 2020/0350590 used for citation purposes)) and further in view of Hellring et al. (PGPub 2020/0176777).
Considering Claim 3, Uchiyashiki is silent to a molecular weight of 5,000 g/mol to 1,000,000 g/mol.
Hellring discloses an analogous slurry composition comprising an addition polymer comprising residue of an ethylenically unsaturated monomer [Abstract]. The addition polymers have a weight average molecular weight of about 5,000 g/mol to 500,000 g/mol [0059]. The addition polymers provide a stable dispersion and shelf-life [0008, 0006].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the binder of Uchiyashiki with the molecular weight of Hellring in order to provide a stable dispersion and shelf-life [0008, 0006].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Uchiyashiki et al. (WO2019/131710 (corresponding US PGPub 2020/0350590 used for citation purposes)) and further in view of Sonobe (PGPub 2016/0156039).
Considering Claim 6, Uchiyashiki is silent to a styrene-butadiene co-polymer.
Sonobe discloses an analogous battery binder composition with a hydroxy group or a carboxyl group and an aromatic vinyl monomer unit [Abstract]. The particulate polymer contains a styrene-butadiene copolymer to demonstrate good adherence to the current collector [0117, 0118].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the binder of Uchiyashiki with the styrene-butadiene co-polymer of Sonobe in order to demonstrate good adherence to the current collector [0117, 0118].
Conclusion
An additional prior art reference that is considered pertinent but not relied upon includes US PGPub 2015/0280239.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P DOMONE whose telephone number is (571)270-7582. The examiner can normally be reached M-F 8:00-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER P DOMONE/Primary Patent Examiner
Art Unit 1725
Prosecution Insights