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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0031], line 1, “constitutional unis” should read --constitutional units--.
Appropriate correction is required.
Claim Objections
Claims 1, 6, 11, 17, 22, 24 are objected to because of the following informalities:
In claim 1, line 3 “constitutional units comprising the residue of a monomer” should read --constitutional units comprising a residue of a monomer--.
In claim 1, line 5 “comprising the residue of an alkyl ester” should read --comprising a residue of an alkyl ester--.
In claim 1, line 5 “and/or the residue of an alpha, beta-ethylenically” should read --and/or a residue of an alpha, beta-ethylenically--.
In claim 1, line 8 “ the total weight of the dispersant” should read --a total weight of the dispersant--.
In claim 6, line 2, “dispersant has weight average molecular weight” should read –dispersant has an average molecular weight--.
In claim 11, line 4 “antimony, silicon, tin, strontium” should read --antimony, strontium--. Silicon and tin are recited twice in claim 11.
In claim 17, line 8 “constitutional units comprising the residue of a monomer” should read --constitutional units comprising a residue of a monomer--.
In claim 17, line 9 “comprising the residue of an alkyl ester” should read --comprising a residue of an alkyl ester--.
In claim 17, line 9 “and/or the residue of an acid-functional” should read --and/or a residue of an acid-functional--.
In claim 17, line 12 “ the total weight of the dispersant” should read --a total weight of the dispersant--.
In claim 22, lines 2-3 “a capacitor, or a supercapacitor” should read --and a capacitor or a supercapacitor--.
In claim 24, lines 2-3 “constitutional units comprising the residue of a monomer” should read --constitutional units comprising a residue of a monomer--.
In claim 24, line 4 “comprising the residue of an alkyl ester” should read --comprising the residue of an alkyl ester--.
In claim 24, lines 4-5 “and/or the residue of an acid-functional” should read --and/or a residue of an acid-functional--.
In claim 24, lines 7-8 “ the total weight of the dispersant” should read --a total weight of the dispersant--.
Appropriate correction is required.
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.
Claims 1-6, 9-13, 17, 19, 22 and 24 are 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.
Claims 1, 17, and 24 recite the limitation “and/or a poly(2-alkyl or aryl oxazoline) polymer”, which renders the claim indefinite, because it is unclear which limitations the poly(2-alkyl or aryl oxazoline) polymer may replace. For example, the poly(2-alkyl or aryl oxazoline) polymer could be substituted for the dispersant. The poly(2-alkyl or aryl oxazoline) polymer could also be substituted for the constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid and/or the residue of an alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer. For the purposes of examination, the limitation is interpreted as the poly(2-alkyl or aryl oxazoline) polymer could be substituted for the dispersant, as this appears to be what applicant intended. Claims 2-6, 9-13, 19, and 22 are rendered indefinite by incorporation of the limitations of claims 1 and 17.
Claim 3 recites the limitation “the dispersant comprises 1% to 99% by weight of constitutional units comprising the residue of the alkyl ester of a (meth)acrylic acid and/or the residue of the alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer”, which renders the claim indefinite, because it is unclear whether the claimed weight percent range is with respect to the total weight of the dispersant, or with respect to the total weight of the slurry. For the purposes of examination, the limitation is interpreted as the dispersant comprises 1% to 99% by weight of constitutional units comprising the residue of the alkyl ester of a (meth)acrylic acid and/or the residue of the alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer, based on the total weight of the dispersant, as this appears to be what applicant intended.
Claim Rejections - 35 USC § 102
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 1-6, 9, 11-13, 17, 19, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hellring et al. (US 20200176777 A1), hereinafter “Hellring”, as cited in the IDS dated 4/4/2024.
Regarding claim 1, Hellring teaches a slurry composition (Hellring, [0014], lines 1-7) comprising:
Water (corresponding to the claimed waterborne slurry) (Hellring, [0024], lines 1-5)
An electrochemically active material for use in a negative electrode (corresponding to the claimed negative electrode active material) (Hellring, [0014], lines 1-7; [0017], lines 1-6)
A binder (Hellring, [0014], lines 1-7)
The binder comprising an addition polymer (corresponding to the claimed dispersant) (Hellring, [0017], lines 1-7).
Hellring teaches that the addition polymer (corresponding to the claimed dispersant) may comprise one or more ethylenically unsaturated monomers from polymerizing a reaction mixture of monomers (corresponding to the claimed dispersant comprising a copolymer) (Hellring [0040], lines 1-7). Hellring teaches that the reaction mixture of monomers may also comprise alkyl esters of (meth)acrylic acid (corresponding to the claimed constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid) (Hellring, [0040], lines 9-12). Hellring also teaches the addition polymer may comprise a heterocyclic group in an ethylenically unsaturated monomer, wherein at least one atom in the carbon ring may be nitrogen (corresponding to the claimed constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle) (Hellring, [0037], lines 1-10).
Hellring further teaches that the addition polymer may comprise the residue of an alpha, beta-ethylenically unsaturated carboxylic acid (corresponding to the claimed dispersant comprising the residue of an alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer) (Hellring, [0044], lines 1-3).
Hellring teaches that the addition polymer may comprise 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer, based on the total weight of the addition polymer (Hellring, [0041], lines 17-24). As stated above, Hellring also teaches that the addition polymer may comprise a heterocyclic group in an ethylenically unsaturated monomer, wherein at least one atom in the carbon ring may be a nitrogen (Hellring, [0037], lines 1-10). Therefore, the dispersant comprises 8% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle based on the total weight of the dispersant (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See § MPEP 2112.
As stated above, examiner interprets the limitation “and/or a poly(2-alkyl or aryl oxazoline) polymer” as the poly(2-alkyl or aryl oxazoline) polymer could be substituted for the dispersant. Since Hellring teaches the slurry composition comprising an addition polymer (Hellring [0040], lines 1-7) corresponding to the claimed dispersant, Hellring’s slurry composition meets the claimed limitation.
The instant specification defines an aqueous medium as “a liquid medium comprising greater than 50% by weight water, based on the total weight of the aqueous medium” (Instant specification, [0053], lines 1-3). Hellring teaches the slurry composition comprising a liquid medium comprising more than 50% by weight water, based on the total weight of the medium (corresponding to the claimed aqueous medium) (Hellring, [0024], lines 1-5).
Regarding claim 2, Hellring teaches vinyl pyrrolidone as an example of an ethylenically unsaturated monomer comprising a heterocyclic group (corresponding to the claimed monomer comprising a nitrogen containing heterocyclic comprises vinyl pyrrolidone) (Hellring, [0037], lines 10-12).
Regarding claim 3, Hellring teaches a reaction mixture, for forming the addition polymer, may comprise 8% to 27% by weight of heterocyclic group-containing ethylenically unsaturated monomer, based on the total weight of polymerizable monomers in the reaction mixture (Hellring, [0041], lines 24-31). Hellring also teaches that reaction mixture may comprise other ethylenically unsaturated monomers such as alkyl esters of (meth)acrylic acid (Hellring, [0040], lines 9-12). Therefore, the addition polymer comprising 8% to 27% by weight range of the alkyl esters of (meth)acrylic acid (corresponding to the claimed dispersant comprising 1% to 99% by weight of constitutional units comprising the residue of the alkyl ester of a (meth)acrylic acid and/or the residue of the alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer) would result from the combination of the 8% to 27% by weight range for heterocyclic group-containing ethylenically unsaturated monomer based on the total reaction mixture weight and the reaction mixture comprising alkyl esters of (meth)acrylic acid as a form of ethylenically unsaturated monomers, explicitly disclosed by the prior art. See § MPEP 2112.
Regarding claim 4, Hellring teaches that the heterocyclic group-containing ethylenically unsaturated monomers may further comprise hydroxyl functional groups (corresponding to the claimed dispersant further comprises an ethylenically unsaturated monomer comprising a hydroxyl functional group) (Hellring, [0038], lines 1-11).
Regarding claim 5, examiner notes that “wherein the dispersant has a glass transition temperature of -70 to +100°C” is an instance of functional language, which only imparts a structure that is capable of achieving the claimed glass transition temperature. See MPEP § 2173.05(g). The instant specification defines “glass transition temperature” as a theoretical value based on monomer composition (Instant specification, [0090], lines 1-5). Therefore, monomer compositions identical to the claimed dispersant would have the same glass transition temperature. Hellring teaches an addition polymer derived from a reaction mixture that may comprise a heterocyclic group in an ethylenically unsaturated monomer, wherein at least one atom in the carbon ring may be a nitrogen (Hellring, [0037], lines 1-10), corresponding to the claimed structural limitation of the dispersant comprising a copolymer comprising constitution units comprising the residue of a monomer comprising a nitrogen containing heterocycle. Hellring teaches the reaction mixture of monomers may also comprise alkyl esters of (meth)acrylic acid (Hellring, [0040], lines 9-12), corresponding to the claimed structural limitation of constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid. Hellring teaches the addition polymer may comprise an alpha, beta-ethylenically unsaturated carboxylic acid (Hellring, [0044], lines 1-3), corresponding to the claimed structural limitation of the dispersant comprising the residue of an alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer. As stated in the rejection of claim 1 above, Hellring teachings that the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24) and the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) would result in the dispersant comprises 8% to 27% by weight of a nitrogen-containing heterocyclic monomer based on the total weight of the dispersant (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant). See § MPEP 2112. Since Hellring’s slurry composition is identical to applicant’s waterborne slurry composition, Hellring’s slurry composition would also be capable of achieving the claimed glass transition temperature.
Regarding claim 6, Hellring teaches the addition polymer comprising an average molecule weight of 25,000 to 50,000 g/mol (corresponding to the claimed dispersant has an average molecular weight of 2,000 to 1,000,000 g/mol) (Hellring, [0059], lines 1-5).
Regarding claim 9, Hellring teaches the binder further comprising a second addition polymer, wherein the polymer may comprise ethylenically unsaturated monomers (Hellring, [0050], lines 1-7). Hellring also teaches styrene and 1,3-butadiene as examples of ethylenically unsaturated monomers (Hellring, [0049], lines 1-5; [0049], lines 1-9). Therefore, the claimed styrene-butadiene copolymer would result from the combination of the second addition polymer comprising ethylenically unsaturated monomers (Hellring, [0050], lines 1-7) and the styrene and 1,3-butadiene ethylenically unsaturated monomers (Hellring, [0049], lines 1-5; [0049], lines 1-9), explicitly disclosed by the prior art. See §MPEP 2112.
Regarding claim 11, Hellring teaches that the electrochemically active material may comprise graphite, lithium titanate, silicon, tin, or a combination thereof (corresponding to the claimed negative electrode active material comprises graphite, silicon, tin, titanium, or combinations thereof) (Hellring, [0017], lines 1-6).
Regarding claim 12, Hellring teaches that the slurry composition may comprise an electrically conductive agent (corresponding to the claimed conductive additive), wherein the conductive agent may be activated carbon, carbon black, graphite, graphene, carbon nanotubes, or combination thereof (corresponding to the claimed conductive agent comprising conductive carbon, carbon nanotubes, graphene, or any combination thereof) (Hellring, [0073], lines 1-7).
Regarding claim 13, Hellring teaches the slurry composition may include a crosslinking agent (corresponding to the claimed waterborne slurry composition comprising a crosslinking agent) (Hellring, [0076], lines 1-4).
Regarding claim 17, Hellring teaches an electrode that may be a negative electrode (Hellring, [0079], lines 1-6). Hellring further teaches the electrode comprising
an electrical current collector (Hellring, [0079], lines 1-6)
a film formed on the current collector (Hellring, [0079], lines 1-6)
the film the binder, the electrochemically active material, and the binder dispersion as described in the rejection of claim 1 above (Hellring, [0079], lines 1-6).
As stated in the rejection of claim 1 above, Hellring teaches the electrochemically active material for use in a negative electrode (corresponding to the claimed negative electrode active material) (Hellring, [0014], lines 1-7; [0017], lines 1-6). Hellring also teaches that addition polymer may comprise nitrogen-containing heterocyclic monomers (Hellring, [0037], lines 1-10) and alkyl esters of (meth)acrylic acid monomers (Hellring, [0040], lines 9-12) (corresponding to the claimed dispersant comprising a copolymer of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid) (See rejection of claim 1 above).
Hellring teaches that the addition polymer may comprise 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer, based on the total weight of the addition polymer (Hellring, [0041], lines 17-24). Therefore, the addition polymer comprises 8% to 27% by weight of nitrogen-containing heterocyclic monomers based on the total weight of the addition polymer (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing an ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art (See rejection of claim 1 above). See §MPEP 2112.
Regarding claim 19, Hellring teaches an electrical storage device (Hellring, [0084], lines 1-10) comprising:
A negative electrode (Hellring, [0084], lines 1-10)
A positive electrode (Hellring, [0084], lines 1-10)
An electrolyte (Hellring, [0084], lines 1-10)
Regarding claim 22, Hellring teaches the electrical storage device (Hellring, [0084], lines 1-10) comprising:
A cell (Hellring, [0084], lines 10-12)
A battery pack (Hellring, [0084], lines 10-12)
A secondary battery (Hellring, [0084], lines 10-12)
A capacitor (Hellring, [0084], lines 10-12)
And a supercapacitor (Hellring, [0084], lines 10-12)
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.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hellring (US 20200176777 A1) as cited in the IDS dated 4/4/2024.
Regarding claim 14, Hellring teaches a range of 5% to 10% by weight of the binder based on the total weight of the slurry composition (corresponding to the claimed waterborne slurry composition comprising 1% to 10% by weight of the binder) (Hellring, [0075], lines 1-11). Hellring also teaches a range of 5% to 15% by weight of addition polymer, based on the total weight of the binder (Hellring, [0060], lines 1-3). Equations 1-3 below shows the calculations for Hellring’s taught weight percent range of addition polymer, based on the total weight of the slurry composition (Hellring, [0060], lines 1-3; [0075], lines 1-11), as determined by examiner.
w
t
b
i
n
d
e
r
t
o
t
a
l
w
t
o
f
s
l
u
r
r
y
c
o
m
p
o
s
i
t
i
o
n
×
w
t
a
d
d
i
t
i
o
n
p
o
l
y
m
e
r
w
t
b
i
n
d
e
r
=
w
t
a
d
d
i
t
i
o
n
p
o
l
y
m
e
r
t
o
t
a
l
w
t
o
f
s
l
u
r
r
y
c
o
m
p
o
s
i
t
i
o
n
Equation 1. Formula for calculation of weight percent of addition polymer based on total weight of slurry composition, as determined by examiner.
5
w
t
%
b
i
n
d
e
r
i
n
s
l
u
r
r
y
c
o
m
p
o
s
i
t
i
o
n
×
5
w
t
%
a
d
d
i
t
i
o
n
p
o
l
y
m
e
r
i
n
b
i
n
d
e
r
=
0.25
w
t
%
a
d
d
i
t
i
o
n
p
o
l
y
m
e
r
i
n
s
l
u
r
r
y
c
o
m
p
o
s
i
t
i
o
n
Equation 2. Calculation of lower range value of addition polymer weight percent based on total weight of slurry composition (Hellring, [0060], lines 1-3; [0075], lines 1-11), as determined by examiner
10
w
t
%
b
i
n
d
e
r
i
n
s
l
u
r
r
y
×
15
w
t
%
a
d
d
i
t
i
o
n
p
o
l
y
m
e
r
i
n
b
i
n
d
e
r
=
1.5
w
t
%
a
d
d
i
t
i
o
n
p
o
l
y
m
e
r
i
n
s
l
u
r
y
c
o
m
p
o
s
i
t
i
o
n
Equation 3. Calculation of upper range value of addition polymer weight percent based on total weight of slurry composition (Hellring, [0060], lines 1-3; [0075], lines 1-11), as determined by examiner.
Hellring teaches an addition polymer weight percent range of 0.25% to 1.5% based on the total weight of the slurry composition (Hellring, [0075], lines 1-11; [0060], lines 1-3; Equations 1-3), as determined by examiner. Hellring’s addition polymer weight percent range overlaps with the instantly claimed range of 0.1% to 1% weight of the dispersant, based on the total solids weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
As stated in the rejection of claim 1 above, the addition polymer comprises 8% to 27% by weight of nitrogen-containing heterocyclic monomers based on the total weight of the addition polymer (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See §MPEP 2112.
Hellring also teaches that the reaction mixture of monomers may comprise alkyl esters of (meth)acrylic acid (corresponding to the claimed residue of an alkyl ester of a (meth)acrylic acid) (Hellring, [0040], lines 9-12). Hellring further teaches that the addition polymer may comprise the residue of an alpha, beta-ethylenically unsaturated carboxylic acid (corresponding to the claimed residue of an alpha, beta-ethylenically unsaturated carboxylic acid-functional monomer) (Hellring, [0044], lines 1-3). Since Hellring’s addition polymer corresponds to the claimed dispersant, Hellring’s slurry composition meets the claimed limitation “wherein at least one of the dispersant and the poly(2-alkyl or aryl oxazoline) polymer are present” (Hellring [0040], lines 1-7).
Hellring reaches an electrochemically active material weight percent range of 70% to 98% based on the total weight of the slurry composition (Hellring, [0018], lines 1-14), which overlaps with the instantly claimed range of 90% to 98.9% weight of the negative electrode active material, based on the total solids weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
Regarding claim 15, Hellring teaches a binder weight percent range of 1% to 10% based on the total weight of the slurry composition (Hellring, [0075], lines 1-11), which overlaps with the instantly claimed range of 0.5% to 5% by weight of the binder. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
As stated in the rejection of claim 14, Hellring teaches an addition polymer weight percent range of 0.25% to 1.5% based on the total weight of the slurry composition (Hellring, [0075], lines 1-11; [0060], lines 1-3; Equations 1-3), as determined by examiner. Hellring’s addition polymer weight percent range overlaps with the instantly claimed range of 0.01% to 0.5% weight of the dispersant, based on the total solids weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
As stated in the rejections of claims 1 and 14 above, Hellring teaches the addition polymer and the reaction mixture comprising nitrogen-containing heterocyclic monomers (Hellring, [0041], lines 17-24), alkyl esters of (meth)acrylic acid monomers (Hellring, [0040], lines 9-12), and alpha, beta-ethylenically unsaturated carboxylic acid monomers (Hellring, [0044], lines 1-3) (corresponding to the claimed dispersant). Since Hellring’s addition polymer corresponds to the claimed dispersant, Hellring’s slurry composition meets the claimed limitation “wherein at least one of the dispersant and the poly(2-alkyl or aryl oxazoline) polymer are present” (Hellring [0040], lines 1-7).
As stated in the rejections of claims 1 and 14 above, the addition polymer comprises 8% to 27% by weight of nitrogen-containing heterocyclic monomers based on the total weight of the addition polymer (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See §MPEP 2112.
Hellring further teaches an electrochemically active material range of 45% to 95% weight based on the total weight of the slurry composition (Hellring, [0075], lines 1-11), which overlaps with the instantly claimed range of 45% to 48.9% weight of the negative electrode active material. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
Hellring also teaches a range of 30% to 60% by weight of the liquid medium based on total weight of the binder dispersion (Hellring, [0071], lines 21-24), wherein the binder dispersion comprises binder solids and the liquid medium (Hellring, [0071], lines 3-9). Hellring’s liquid medium weight percent range overlaps with the instantly claimed range of 45% to 50% by weight of the aqueous medium based on the total weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
Regarding claim 16, Hellring teaches the binder comprising a resin solids content, wherein the resin solids content comprises the addition polymer, a fluoropolymer, the crosslinking agent, and an optional adhesion promoter (Hellring, [0071], lines 1-7). Hellring further teaches a range of 30% to 80% by weight resin solids based on the total weight of the binder dispersion, wherein binder dispersion refers to binder solids in the liquid medium (Hellring, [0071], lines 1-7). Hellring’s range overlaps with the instantly claimed range of 75% to 99.9% by weight of the binder based on the total binder solids weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
As stated in the rejection of claim 14 above, Hellring teaches an addition polymer weight percent range of 0.25% to 1.5% based on the total weight of the slurry composition (corresponding to the claimed 0.1% to 25% by weight of the dispersant) (Hellring, [0075], lines 1-11; [0060], lines 1-3). Since Hellring’s addition polymer corresponds to the claimed dispersant, Hellring’s slurry composition meets the claimed limitation “wherein at least one of the dispersant and the poly(2-alkyl or aryl oxazoline) polymer are present” (Hellring [0040], lines 1-7).
As stated in the rejections of claim 1 and 14 above, the addition polymer comprises 8% to 27% by weight of nitrogen-containing heterocyclic monomers based on the total weight of the addition polymer (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See §MPEP 2112.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hellring (US 20200176777 A1), as applied to claims 14-16 above, and further in view of Fukumine et al. (US 20180301744 A1), hereinafter “Fukumine”, as cited in the IDS dated 4/4/2024.
Regarding claim 7, Hellring does not teach the slurry comprising a poly(2-alkyl or aryl oxazoline) polymer. The instant specification describes 2-isopropenyl-2-oxazoline as an example of a 2-alkyl or aryl oxazoline monomer that forms a poly(2-alkyl or aryl oxazoline) polymer (Instant specification, [0054], lines 1-9). Fukumine teaches a composition for an electrochemical device electrode (Fukumine, [0013], lines 1-2) comprising a crosslinkable monomer unit that may be made of multiple 2-isopropenyl-2-oxazoline monomers (corresponding to the claimed poly(2-alkyl or aryl oxazoline) polymer) (Fukumine, [0032], lines 1-6; [0112], lines 1-6). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Fukumine's crosslinkable monomer unit to the slurry composition of Hellring in order to increase electrochemical device high-temperature storage characteristics (Fukumine, [0032], lines 12-15).
Claims 10 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hellring (US 20200176777 A1) as applied to claim 14 above, and further in view of Sheem et al. (EP 2385574 A2), hereinafter “Sheem”.
Regarding claim 10, Hellring does not teach the binder comprising a cellulose or a cellulose derivative. Sheem teaches a water-soluble binder used as a negative electrode binder, comprising a cellulose based compound (corresponding to the claimed binder further comprises a cellulose or a cellulose derivative) (Sheem, [0082], lines 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Sheem's cellulose based compound to the slurry composition of Hellring in order to provide viscosity (Sheem, [0082], lines 1-2).
Regarding claim 23, Hellring teaches a slurry composition (Hellring, [0014], lines 1-7) comprising:
Water (corresponding to the claimed waterborne slurry) (Hellring, [0024], lines 1-5)
An electrochemically active material for use in a negative electrode (corresponding to the claimed negative electrode active material) (Hellring, [0014], lines 1-7; [0017], lines 1-6)
A binder (Hellring, [0014], lines 1-7)
Examiner notes that the limitation “a negative electrode waterborne slurry” is an intended use limitation. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction.” See MPEP § 2111.02 (II).
As stated in the rejection of claim 9 above, the claimed styrene-butadiene copolymer would result from the combination of the second addition polymer comprising ethylenically unsaturated monomers (Hellring, [0050], lines 1-7) and the styrene and 1,3-butadiene ethylenically unsaturated monomers (Hellring, [0049], lines 1-5; [0049], lines 1-9), explicitly disclosed by the prior art. See §MPEP 2112.
As stated in the rejection of claim 1 above, Hellring teaches the slurry composition comprising a liquid medium, wherein the liquid medium is more than 50% water by weight, based on the total weight of the medium (corresponding to the claimed aqueous medium) (Hellring, [0024], lines 1-5).
The instant specification states the product of melamine reacted with formaldehyde as an example of a crosslinking agent (Instant specification [0058], lines 1-3). Hellring teaches the slurry composition comprising a crosslinking agent that may be an aminoplast resin formed by reacting melamine with formaldehyde (corresponding to the claimed melamine crosslinking agent) (Hellring, [0061], lines 1-3; [0062], lines 1-3)
Hellring does not teach a binder comprising a cellulose or a cellulose derivative. As stated in the rejection of claim 10 above, Sheem teaches a binder comprising a cellulose based compound (corresponding to the claimed binder comprising a cellulose or a cellulose derivative) (Sheem, [0082], lines 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Sheem's cellulose based compound to the slurry composition of Hellring in order to provide viscosity (Sheem, [0082], lines 1-2).
Regarding claim 24, Hellring teaches the slurry composition comprising an addition polymer (corresponding to the claimed dispersant) (Hellring, [0037], lines 1-10). As stated in the rejection of claim 1 above, Hellring teaches that the addition polymer may comprise nitrogen-containing heterocyclic monomers (Hellring, [0037], lines 1-10) and monomers of alkyl esters of (meth)acrylic acid (corresponding to the claimed dispersant comprising a copolymer comprising constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid and/or the residue of an acid-functional ethylenically unsaturated monomer) (Hellring, [0040] lines 9-12).
As stated in the rejection of claim 1 above, the addition polymer comprises 8% to 27% by weight of nitrogen-containing heterocycle monomers based on the total weight of the addition polymer (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See § MPEP 2112.
Double Patenting
Claims 1, 5-6, 9-10, 13, 15, 17, 19, and 22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 3, 6, 5, 8, 12, 18, 21, and 24 of copending Application No. 18/681,259, hereinafter “the ‘259 application” in view of Hellring (US 20200176777 A1).
Regarding the instant claim 1, the ‘259 application teaches a negative electrode waterborne slurry comprising:
A binder (corresponding to the claimed binder)
An addition polymer (corresponding to the claimed dispersant comprising a copolymer)
The addition polymer further comprising constitutional units comprising the residue of an alpha, beta-ethylenically unsaturated carboxylic acid (corresponding to the claimed residue of an alpha, beta-ethylenically unsaturated carboxylic-functional monomer)
The addition polymer further comprising constitutional units comprising the residue of an alkyl ester of (meth)acrylic acid (corresponding to the claimed constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid)
A negative electrode active material (corresponding to the claimed negative electrode active material)
An aqueous medium (corresponding to the claimed aqueous medium)
The ‘259 application does not teach the dispersant comprising constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the dispersant comprising 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant. Hellring teaches a slurry composition comprising an addition polymer (corresponding to the claimed dispersant) (Hellring, [0014], lines 1-7). Hellring further teaches that the addition polymer may comprise one or more ethylenically unsaturated monomers from polymerizing a reaction mixture of monomers (corresponding to the claimed dispersant comprising a copolymer) (Hellring [0040], lines 1-7). Hellring also teaches the addition polymer may comprise a heterocyclic group in an ethylenically unsaturated monomer, wherein at least one atom in the carbon ring may be nitrogen (corresponding to the claimed constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle) (Hellring, [0037], lines 1-10).
Hellring also teaches that the addition polymer may comprise 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer, based on the total weight of the addition polymer (Hellring, [0041], lines 17-24). As stated above, Hellring also teaches that the addition polymer may comprise a heterocyclic group in an ethylenically unsaturated monomer, wherein at least one atom in the carbon ring may be a nitrogen (Hellring, [0037], lines 1-10). Therefore, the dispersant comprises 8% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle based on the total weight of the dispersant (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See § MPEP 2112. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Hellring's nitrogen-containing heterocyclic monomer to the slurry of the ‘259 application in order to better disperse active material in the liquid medium (Hellring, [0037], lines 17-20).
Regarding the instant claim 5, the instant specification defines “glass transition temperature” as a theoretical value based on monomer composition (Instant specification, [0090], lines 1-5). Claim 4 of the ’259 application teaches an addition polymer theoretical glass transition temperature range of less than 50 °C, which overlaps with the instantly claimed range of -70 to 100°C dispersant glass transition temperature. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
Regarding the instant claim 6, claim 3 of the ‘259 application teaches an addition polymer average molecular weight range of 5,000 g/mol to 1,000,000 g/mol (corresponding to the claimed dispersant has an average molecular weight of 2,000 g/mol to 1,000,000 g/mol).
Regarding the instant claim 9, claim 6 of the ‘259 application teaches the binder further comprising a styrene-butadiene copolymer (corresponding to the claimed binder comprises a styrene-butadiene copolymer).
Regarding the instant claim 10, claim 5 of the ‘259 application teaches the binder further comprising cellulose or a cellulose derivative (corresponding to the claimed binder comprises a cellulose or a cellulose derivative).
Regarding the instant claim 13, claim 8 of the ‘259 application teaches the binder further comprising a crosslinking agent (corresponding to the claimed composition further comprising a crosslinking agent).
Regarding the instant claim 15, claim 12 of the ‘259 application teaches a range of 0.5% to 5% by weight of the binder based on the total weight of the composition (corresponding to the claimed 0.5% to 5% weight of the binder). The ‘259 application also teaches a range of 45% to 49.5% by weight of the negative electrode active material based on the total weight of the composition, which overlaps with the instantly claimed range of 45% to 48.9% by weight of the negative electrode active material based on the total weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05.
The ‘259 application teaches a range of 45.5% to 54.5% by weight of the aqueous medium based on the total weight of the composition, which overlaps with the instantly claimed range of 45% to 50% by weight of the aqueous medium based on the total weight of the composition. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP §2144.05.
Regarding the instant claim 17, claim 18 of the ‘259 application teaches:
A negative electrode (corresponding to the claimed negative electrode)
An electrical current collector (corresponding to the claimed electrical current collector)
A film formed on the electrical current collector (corresponding to the claimed film)
The film comprising a binder (corresponding to the claimed film comprising a binder)
The film comprising a negative electrode active material (corresponding to the claimed film comprises a negative electrode active material)
The binder comprising an addition polymer (corresponding to the claimed dispersant)
The addition polymer further comprising constitutional units comprising the residue of an alpha, beta-ethylenically unsaturated carboxylic acid (corresponding to the claimed residue of an alpha, beta-ethylenically unsaturated carboxylic-functional monomer)
The addition polymer further comprising constitutional units comprising the residue of an alkyl ester of (meth)acrylic acid (corresponding to the claimed constitutional units comprising the residue of an alkyl ester of a (meth)acrylic acid)
As stated in the provisional nonstatutory double patenting rejection of the instant claim 1 above, the ‘259 application does not teach the dispersant comprising constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the dispersant comprising 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant.
Hellring teaches a slurry composition comprising an addition polymer (corresponding to the claimed dispersant) (Hellring, [0014], lines 1-7). As stated in the provisional nonstatutory double patenting rejection of the instant claim 1 above, the dispersant comprises 8% to 50% by weight of constitutional units comprising the residue of a nitrogen-containing heterocyclic monomer based on the total weight of the dispersant (corresponding to the claimed dispersant comprises 1% to 50% by weight of constitutional units comprising the residue of a monomer comprising a nitrogen-containing heterocycle and the % by weight is based on the total weight of the dispersant) would result from the combination of the addition polymer comprising a nitrogen-containing heterocyclic monomer (Hellring, [0037], lines 1-10) and the addition polymer comprising 8% to 27% by weight of the heterocyclic group containing ethylenically unsaturated monomer (Hellring, [0041], lines 17-24), explicitly disclosed by the prior art. See § MPEP 2112. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Hellring's nitrogen-containing heterocyclic monomer to the slurry of the ‘259 application in order to better disperse active material in the liquid medium (Hellring, [0037], lines 17-20).
Regarding the instant claim 19, claim 21 of the ‘259 application teaches:
An electrical storage device (corresponding to the claimed electrical storage device)
A positive electrode (corresponding to the claimed positive electrode)
A negative electrode (corresponding to the claimed negative electrode)
An electrolyte (corresponding to the claimed electrolyte)
Regarding the instant claim 22, claim 24 of the ‘259 application teaches
An electrical storage device (corresponding to the claimed electrical storage device)
A cell (corresponding to the claimed cell)
A battery pack (corresponding to the claimed battery pack)
A secondary battery (corresponding to the claimed secondary battery
A capacitor (corresponding to the claimed capacitor)
A supercapacitor (corresponding to the claimed super capacitor)
This is a provisional nonstatutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rachel Avina whose telephone number is (571)270-0429. The examiner can normally be reached M-F 7:30am-3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at (571) 272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.M.A./ Examiner, Art Unit 1734
/NICHOLAS A WANG/Primary Examiner, Art Unit 1734
Prosecution Insights