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 § 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.
Claim 1-3, 5-9 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki
Regarding claim 1, Sasaki teaches a binder composition for a non-aqueous secondary battery electrode (Abstract), comprising:
a particulate polymer and water ([0014], [0034-0036]);
Particulate polymer includes ([0017]):
an aromatic vinyl monomer unit ([0017]);
a conjugated diene monomer unit ([0014]);
an acidic group-containing monomer unit ([0044-0045]);
an acidic group of the acidic group-containing monomer unit is at least partially in a form of a salt ([0044-0045]);
the particulate polymer has an average particle diameter X according to cumulant method analysis as measured by dynamic light scattering of not less than 140 nm and not more than 300 nm ([0033], specifically 70-500 mm);
a particle diameter ratio X/Y calculated as a ratio of the average particle diameter X relative to a volume-average particle diameter Y of the particulate polymer measured by laser diffraction/scattering is not less than 1.05 and not more than 2.00 ([0033], [0113]).
For the particle diameter ration X/Y, Sasaki teaches average particle diameter X values of 70-500 nm and volume-average particle diameter Y values of 0.1-100 μm (100-100,000 nm). Although Sasaki does not expressly disclose the claimed ratio, the claimed ranges encompass values that satisfy the claimed limitation. For example, selecting X =105 nm and Y = 100 nm yields a ratio of 1.05, while selecting X = 200 nm and Y = 100 nm yields a ratio of 2.0. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to select values of X and Y from the disclosed ranges to obtain the desired ratio.
It is well established that where the claimed ranges overlap or lie within the ranges disclosed by the prior art, a prima facie case of obviousness exists. Therefore, it would have been obvious to one of the ordinary skills in the art to select a X and Y values within the claimed ranges as a matter of routine optimization of a result-effective variable.
Regarding claim 2, Sasaki teaches the limitations of claim 1, as stated above. Sasaki further teaches the conjugated diene monomer unit includes a conjugated diene monomer unit having a carbon number of 4 or 5 ([0013-0015]).
Regarding claim 3, Sasaki teaches the limitations of claim 1, as stated above. Sasaki further teaches applying a binder composition as a coating layer on the electrode ([0146]). The applied binder coating forms a binder film after drying and curing. Sasaki further teaches binder components that are the same as those recited in the instant claim. Since the binder composition is, one of ordinary skill in the art would reasonably expect the resulting binder film to possess the same or substantially the same physical properties including elongation rate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention that the binder film formed from the binder composition taught by Sasaki would exhibit the claimed elongation characteristics.
Regarding claim 5, Sasaki teaches the limitations of claim 1, as stated above. Sasaki further teaches binder composition having a pH of not lower than 6.0 and not higher than 10.0 ([0042]).
Regarding claim 6, Sasaki teaches the limitations of claim 1, as stated above. Sasaki further teaches the acidic group of the acidic group-containing monomer unit is at least partially in a form of an ammonium salt ([0044-0045], [0125]).
Regarding claim 7, Sasaki teaches the limitations of claim 1, as stated above. Sasaki further teaches a slurry composition for a non-aqueous secondary battery electrode ([0147]), comprising:
an electrode active material ([0147]);
the binder composition for a non-aqueous secondary battery electrode ([0147]).
Regarding claim 8, Sasaki teaches the limitations of claim 7, as stated above. Sasaki further teaches An electrode for a non-aqueous secondary battery comprising an electrode mixed material layer formed using the slurry composition for a non-aqueous secondary battery electrode according ([0001]).
Regarding claim 9, Sasaki teaches the limitations of claim 8, as stated above. Sasaki further teaches a non-aqueous secondary battery comprising the electrode for a non-aqueous secondary battery ([0001]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki in view of Yakamoto (US 20190044147).
Regarding claim 4, Sasaki teaches the limitations of claim 1, as stated above. Sasaki fails to teach the binder composition for a non-aqueous secondary battery electrode according to claim 1, wherein:
proportional content of the aromatic vinyl monomer unit in the particulate polymer is not less than 5 mass% and not more than 40 mass% when all repeating units included in the particulate polymer are taken to be 100 mass%;
proportional content of the conjugated diene monomer unit in the particulate polymer is 20 mass% or more when all repeating units included in the particulate polymer are taken to be 100 mass%.
Yakamoto teaches the binder composition for a non-aqueous secondary battery electrode according to claim 1 ([0146-0149]), wherein:
proportional content of the aromatic vinyl monomer unit in the particulate polymer is not less than 5 mass% and not more than 40 mass% when all repeating units included in the particulate polymer are taken to be 100 mass% ([0018]);
proportional content of the conjugated diene monomer unit in the particulate polymer is 20 mass% or more when all repeating units included in the particulate polymer are taken to be 100 mass% ([0017]).
Sasaki and Yakamoto are considered analogous art to the claimed invention because they are in the same field of binder compositions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to modify the binder composition of Sasaki to incorporate the relative proportions as taught by Yakamoto in order to obtain a binder having desirable elasticity, adhesion, and mechanical properties for electrodes.
Additionally, It is well established that where the claimed ranges overlap or lie within the ranges disclosed by the prior art, a prima facie case of obviousness exists. Therefore, it would have been obvious to one of the ordinary skills in the art to select a proportional contents of aromatic vinyl monomer units and the conjugated diene monomer units within the claimed ranges as a matter of routine optimization of a result-effective variable.
Conclusion
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/TAMARA ORDUNA/Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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