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 § 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 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al., US 2017/0125809 A1 in view of SOFUE et al., US 2023/0216056 A1.
Regarding claims 1, 3 and 5, KIM et al. teach lithium secondary batteries comprising a positive electrode coated on a metal current collector ([0070]-[0071]), a negative electrode, a separator and an organic electrolytic solution ([0097]), specifically a lithium composite positive active material comprising a binder such as lithium polyacrylate ([0076]).
Regarding claim 2, KIM et al. does not appear to teach a sulfated polysaccharide in the positive electrode layer. However, SOFUE et al. teach a positive electrode for a non-aqueous electrolyte secondary battery ([0056], ([0062], [0095], claim 11) wherein the positive active material comprises a viscosity improver such as a carrageenan ([0057], [0064]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the viscosity modifier of SOFUE et al. in the positive electrode material of KIM et al. so that the viscosity of the composition can be controlled and therefore result in a better coating on the current collector.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over KIM et al., US 2017/0125809 A1 in view of SOFUE et al., US 2023/0216056 A1 as applied to claims 1-3 and 5 above, and further in view of HIRATA et. A1, US 2008/0199778 A1.
Modified KIM et al. specifically teaches the amount of the binder may be the same level as those used in a general lithium secondary battery ([0079]). HIRATA et a. teach an electrode for a secondary binder (abstract) where the electrode preferably can include lithium polyacrylate in an amount of 3 to 10 wt % of the composition for the electrode layer ([0057]). Applicant is reminded of MPEP 2144.05 I, specifically when claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Therefore, absent any evidence to the contrary, the claimed range of greater than or equal oi 0.1 mass % and less than or equal to 5 mass % for both the binder and the viscosity modifier would have been obvious to a person of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARBARA GILLIAM whose telephone number is (571)272-1330. The examiner can normally be reached Monday-Thursday 7:00 AM - 4:00 PM& 2nd Friday 7:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Srilakshmi Kumar can be reached at 571-272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BARBARA L GILLIAM
Supervisory Patent Examiner
Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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