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.
Claims 5 and 17 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.
In claims 5 and 17, the limitation “the temperature” is indefinite because it is unclear what temperature is being referred to. For example, the temperature could refer to the initial test temperature, a treatment temperature of 130°, or another different temperature.
Claim Rejections - 35 USC § 102/103
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.
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(s) 1-7 and 12 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Nakayama (US 20200020950 A1).
Regarding claim 1, Nakayama (US 20200020950 A1) teaches a secondary battery (electrochemical apparatus) comprising a positive electrode, where the positive electrode includes a positive electrode current collector and a positive electrode mixture layer formed on at least one surface of the positive current collector, where the positive electrode mixture layer includes a thermally expandable material that expands due to heat when it reaches a predetermined temperature that may be 80°C to 350°C (para 0007, 0024) and the positive electrode material necessarily has a cohesive force at an initial test temperature of 25°C of F1 N/m and a cohesive force treated at 130°C and then cooled to 25°C of F2 N/m.
Nakayama fails to explicitly teach F1/F2 is greater than or equal to 5. However, Nakayama teaches a similar positive electrode mixture composition as the instant application including an active material of lithium transition metal oxides and a thermally expandable material (heat-sensitive binder) in an amount of 0.1 to 5 mass%, including an example of 1 mass%, where the thermally expandable material may be Matsumoto microspheres, such as F-30 or F-50, and including a binder such as PVDF in an amount of 1 mass% and a conductive material/agent that may include carbon (Nakayama para 0022-0028, 0034, 0044, 0061, Table 1 – Example 1; Instant application para 0044-0048, 0064, 0122). Similar compositions must necessarily have similar properties. Therefore, the positive electrode mixture of Nakayama must necessarily satisfy F1/F2 greater than or equal to 5. See MPEP 2112.
Alternatively, Nakayama teaches the thermally expandable material in an amount of 0.1 to 5 mass% but fails to teach 0.5 to 5% mass. However, one would have expected the use of any value within the Nakayama range to have yielded similar results. Absent any showing of criticality, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use any values within 0.1 to 5% mass, including those that form a positive electrode mixture satisfying F1/F2 greater than or equal to 5, with a reasonable expectation of success and with predictable results. See MPEP 2144.05(I) for further details.
Regarding claim 2, Nakayama fails to explicitly teach F1 is between 30 and 100 N/m. However, as described in the rejection of claim 1, Nakayama teaches a similar positive electrode mixture composition as the instant application. Similar compositions must necessarily have similar properties. Therefore, the positive electrode mixture of Nakayama must necessarily have a F1 value of 30 to 100 N/m. See MPEP 2112.
Alternatively, Nakayama teaches the thermally expandable material in an amount of 0.1 to 5 mass% but fails to teach 0.5 to 5% mass. However, one would have expected the use of any value within the Nakayama range to have yielded similar results. Absent any showing of criticality, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use any values within 0.1 to 5% mass, including those that form a positive electrode mixture having an F1 value of 30 to 100 N/m, with a reasonable expectation of success and with predictable results. See MPEP 2144.05(I) for further details.
Regarding claim 3, Nakayama teaches the positive electrode mixture layer includes thermally expandable material such as thermally expanded microcapsules (heat-sensitive binder) (para 0022, 0024-0028).
Regarding claim 4, Nakayama teaches the thermally expandable material (heat-sensitive binder) may be thermally expanded microcapsules such as Matsumoto F-30 or F-50 (thermally expandable microspheres) (para 0022, 0024-0028), which are described as microspheres in the instant application (para 0044).
Regarding claim 5, Nakayama fails to explicitly teach, when the temperature is in a range of 130°C to 150°C, a viscosity of the heat sensitive binder decreases with increase of the temperature. However, Nakayama teaches a similar heat-sensitive binder material as the instant application. Similar compositions must necessarily have similar properties. Therefore, the binder material of Nakayama must necessarily yield a decreased viscosity with increase of temperature in a range of 130°C to 150°C. See MPEP 2112.
Regarding claim 6, Nakayama teaches the mass percentage of the thermally expandable material (heat-sensitive binder) may be 1 mass% (0.5 to 5%) (Table 1 – Example 1).
Alternatively, Nakayama teaches the thermally expandable material content is 0.1 mass% to 5 mass% (Abstract, para 0025) but fails to explicitly teach the content is between 0.5% and 5% by mass. However, one would have expected the use of any value within the Nakayama range to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 0.1% to 5% by mass, including values within the claimed range, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Regarding claim 7, Nakayama teaches the secondary battery (electrochemical apparatus) includes an electrolyte solution that may include acetonitrile, or cyanomethane (cyano-containing compound) (para 0053-0056).
Regarding claim 12, Nakayama teaches the secondary battery (electrochemical apparatus) includes an electrolyte solution that may include fluoroethylene carbonate (para 0053-0057).
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama (US 20200020950 A1), as applied to claim 7 above, and further in view of Long (US 20160181659 A1).
Regarding claim 8, Nakayama fails to explicitly teach a mass percentage of the cyano-containing compound is between 0.1% and 15%. However, Long (US 20160181659 A1), in the analogous art of lithium-ion batteries, teaches an electrolyte solution may include 0.1 to 10% by mass succinonitrile (mass percentage of a cyano-containing compound is between 0.1 and 15%) (Abstract, para 0015, 0022). Nakayama teaches a lithium-ion battery including an electrolyte that is not limited and may include a nitrile (para 0023, 0053-0056). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electrolyte of Nakayama with the electrolyte of Long because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Regarding claim 9, the combination of Nakayama and Long teaches “a” is between 0.1 and 10 (Long para 0015, 0022) and F1 is between 30 and 100, as described in the rejection of claim 2. Therefore, the value of F1/a would range from 3 to 1000 (greater than or equal to 2).
Regarding claim 10, Nakayama fails to explicitly teach the cyano-containing compound comprises at least one of the recited compounds, such as succinonitrile. However, Long (US 20160181659 A1), in the analogous art of lithium-ion batteries, teaches an electrolyte solution may include 0.1 to 10% by mass succinonitrile (Abstract, para 0015, 0022). Nakayama teaches a lithium-ion battery including an electrolyte that is not limited and may include a nitrile (para 0023, 0053-0056). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electrolyte of Nakayama with the electrolyte of Long because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nakayama (US 20200020950 A1), as applied to claim 7 above, and further in view of Shi (US 20180076488 A1).
Regarding claim 11, Nakayama fails to explicitly teach the cyano-containing compound comprises at least two selected from the group consisting of succinonitrile, adiponitrile, ethylene glycol bis(propionitrile)ether, hexanetricarbonitrile, 1,2,3-tris(2-cyanoethoxy)propane, and 1,2,4-tris(2-cyanoethoxy)butane. However, Shi (US 20180076488 A1), in the analogous art of lithium-ion batteries, teaches that an electrolyte may include both succinonitrile and adiponitrile (para 0006-0014, 0065). Nakayama teaches a lithium-ion battery including an electrolyte that is not limited and may include a nitrile (para 0023, 0053-0056). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electrolyte of Nakayama with the electrolyte of Shi including both succinonitrile and adiponitrile because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Claim(s) 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama (US 20200020950 A1) in view of Li (US 20230163417 A1).
Regarding claim 13, Nakayama (US 20200020950 A1) teaches a secondary battery (electrochemical apparatus) comprising a positive electrode, where the positive electrode includes a positive electrode current collector and a positive electrode mixture layer formed on at least one surface of the positive current collector, where the positive electrode mixture layer includes a thermally expandable material that expands due to heat when it reaches a predetermined temperature that may be 80°C to 350°C (para 0007, 0024) and the positive electrode material necessarily has a cohesive force at an initial test temperature of 25°C of F1 N/m and a cohesive force treated at 130°C and then cooled to 25°C of F2 N/m.
Nakayama fails to explicitly teach F1/F2 is greater than or equal to 5. However, Nakayama teaches a similar positive electrode mixture composition as the instant application including an active material of lithium transition metal oxides and a thermally expandable material (heat-sensitive binder) in an amount of 0.1 to 5 mass%, including an example of 1 mass%, where the thermally expandable material may be Matsumoto microspheres, such as F-30 or F-50, and including a binder such as PVDF in an amount of 1 mass% and a conductive material/agent that may include carbon (Nakayama para 0022-0028, 0034, 0044, 0061, Table 1 – Example 1; Instant application para 0044-0048, 0064, 0122). Similar compositions must necessarily have similar properties. Therefore, the positive electrode mixture of Nakayama must necessarily satisfy F1/F2 greater than or equal to 5. See MPEP 2112.
Alternatively, Nakayama teaches the thermally expandable material in an amount of 0.1 to 5 mass% but fails to teach 0.5 to 5% mass. However, one would have expected the use of any value within the Nakayama range to have yielded similar results. Absent any showing of criticality, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use any values within 0.1 to 5% mass, including those that form a positive electrode mixture satisfying F1/F2 greater than or equal to 5, with a reasonable expectation of success and with predictable results. See MPEP 2144.05(I) for further details.
Nakayama fails to explicitly teach the electrochemical apparatus is part of an electronic apparatus. However, Li (US 20230163417 A1), in the analogous art of secondary batteries, teaches a secondary battery, which may contain thermally expandable microspheres in the positive electrode, may be used in electronic devices (electronic apparatus), such as cell phones, computers, or vehicles (para 0017, 0041, 0044). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the secondary battery of Nakayama in an electronic device, as described by Li, in order to make functional use of the secondary battery.
Regarding claim 14, the combination of Nakayama and Li fails to explicitly teach F1 is between 30 and 100 N/m. However, as described in the rejection of claim 13, Nakayama teaches a similar positive electrode mixture composition as the instant application. Similar compositions must necessarily have similar properties. Therefore, the positive electrode mixture of Nakayama must necessarily have a F1 value of 30 to 100 N/m. See MPEP 2112.
Alternatively, Nakayama teaches the thermally expandable material in an amount of 0.1 to 5 mass% but fails to teach 0.5 to 5% mass. However, one would have expected the use of any value within the Nakayama range to have yielded similar results. Absent any showing of criticality, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use any values within 0.1 to 5% mass, including those that form a positive electrode mixture having an F1 value of 30 to 100 N/m, with a reasonable expectation of success and with predictable results. See MPEP 2144.05(I) for further details.
Regarding claim 15, the combination of Nakayama and Li teaches the positive electrode mixture layer includes thermally expandable material such as thermally expanded microcapsules (heat-sensitive binder) (Nakayama para 0022, 0024-0028).
Regarding claim 16, the combination of Nakayama and Li teaches the thermally expandable material (heat-sensitive binder) may be thermally expanded microcapsules such as Matsumoto F-30 or F-50 (thermally expandable microspheres) (Nakayama para 0022, 0024-0028), which are described as microspheres in the instant application (para 0044).
Regarding claim 17, the combination of Nakayama and Li fails to explicitly teach, when the temperature is in a range of 130°C to 150°C, a viscosity of the heat sensitive binder decreases with increase of the temperature. However, Nakayama teaches a similar heat-sensitive binder material as the instant application. Similar compositions must necessarily have similar properties. Therefore, the binder material of Nakayama must necessarily yield a decreased viscosity with increase of temperature in a range of 130°C to 150°C. See MPEP 2112.
Regarding claim 18, the combination of Nakayama and Li teaches the mass percentage of the thermally expandable material (heat-sensitive binder) may be 1 mass% (0.5 to 5%) (Nakayama Table 1 – Example 1).
Alternatively, Nakayama teaches the thermally expandable material content is 0.1 mass% to 5 mass% (Abstract, para 0025) but fails to explicitly teach the content is between 0.5% and 5% by mass. However, one would have expected the use of any value within the Nakayama range to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 0.1% to 5% by mass, including values within the claimed range, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Regarding claim 19, the combination of Nakayama and Li teaches the secondary battery (electrochemical apparatus) includes an electrolyte solution that may include acetonitrile, or cyanomethane (cyano-containing compound) (Nakayama para 0053-0056).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Nakayama (US 20200020950 A1) in view of Li (US 20230163417 A1), as applied to claim 19 above, and further in view of Long (US 20160181659 A1).
Regarding claim 20, the combination of Nakayama and Li fails to explicitly teach a mass percentage of the cyano-containing compound is between 0.1% and 15%. However, Long (US 20160181659 A1), in the analogous art of lithium-ion batteries, teaches an electrolyte solution may include 0.1 to 10% by mass succinonitrile (mass percentage of a cyano-containing compound is between 0.1 and 15%) (Abstract, para 0015, 0022). Nakayama teaches a lithium-ion battery including an electrolyte that is not limited and may include a nitrile (para 0023, 0053-0056). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electrolyte of Nakayama with the electrolyte of Long because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Conclusion
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/PATRICK S OTT/Examiner, Art Unit 1794
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