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 § 102
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 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.
Claim(s) 1—2, 4—6, 8—9, 11—12, 15, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi, et al. (US 2021/0257620 A1).
Regarding claim 1, Shi, et al. teach a binder comprises a polyethyleneimine salt and a carboxylate salt polymer (paragraph 0010—0011 and 0059; examiner notes Shi, et al. teaches in paragraph 0010 an ammonia from the solution forms the cross-linked binder by ionic bonds between amino groups of the polyethyleneimine and carboxylic acid groups of the poly(carboxylic acid) wherein Shi, et al. further teach in paragraph 0059 a binder example wherein binders [poly(carboxylic acid) such as poly(acrylic acid) (PAA), lithium PAA (PAA-Li), and ammonium salt such as ammonium PAA (PAA-NH3)] are mixed with binder precursors [PAA-NH3 with polyethyleneimine (PEI)]).
Regarding claim 2 and 9, Shi, et al. further teach a total mass of the binder wherein a mass percent of the polyethyleneimine salt is 0.2% to 38%, and a mass percent of the carboxylate salt polymer is 62% to 99.8% (paragraph 0059; examiner notes Shi, et al. teach in paragraph 0059 a binder example wherein binders (poly(carboxylic acid) such as poly(acrylic acid) (PAA), lithium PAA (PAA-Li), and ammonium salt such as ammonium PAA (PAA-NH3)) are mixed with binder precursors (PAA-NH3 with 1 wt % or 5 wt % polyethyleneimine (PEI) [based on the PAA-NH3 weight]).
Prior art which teaches a specific example within claimed range thus the prior art anticipates the claim; See MPEP 2131.03.
Regarding claim 4, Shi, et al. further teach the polyethyleneimine salt comprises a branched polyethyleneimine salt (paragraph 0009—0010).
Regarding claim 5, Shi, et al. further teach the carboxylate salt polymer comprises lithium polyacrylate (paragraph 0052 and 0058—0059).
Regarding claim 6 and 12, Shi, et al. further teach a weight-average molecular weight Mw1 of the polyethyleneimine salt is 700 g/mol to 1 × 105 g/mol, and a weight-average molecular weight Mw2 of the carboxylate salt polymer is 3000 g/mol to 8 × 106 g/mol (paragraph 0040—0041; examiner notes Shi, et al. teach an example wherein the weight average molecular weight of the branched polyethyleneimine (PEI) is about 10,000 Daltons and the weight average molecular weight of the poly(carboxylic acid) is about 130,000 Daltons).
Prior art which teaches a specific example within claimed range thus the prior art anticipates the claim; See MPEP 2131.03.
Regarding claim 8, Shi, et al. teach an electrochemical device (abstract, claim 19) comprising a negative electrode plate, the negative electrode plate comprises a negative current collector and a negative active material layer disposed on at least one surface of the negative current collector (paragraph 0052); wherein the negative active material layer comprises a binder, the binder comprises a polyethyleneimine salt and a carboxylate salt polymer (paragraph 0066).
Regarding claim 11, Shi, et al. further teach the polyethyleneimine salt comprises a branched polyethyleneimine salt (paragraph 0009—0010) and the carboxylate salt polymer comprises lithium polyacrylate (paragraph 0052 and 0058—0059).
Regarding claim 15, Shi, et al. further teach a negative active material in the negative active material layer comprises silicon (paragraph 0002 and 0066).
Regarding claim 17, Shi, et al. further teach the negative active material further comprises at least one of graphite (paragraph 0021 and 0044) or hard carbon (paragraph 0058).
Regarding claim 20, Shi, et al. further teach an electronic device (abstract, claim 20), comprising an electrochemical device (abstract, claim 19), the electrochemical device comprises a negative electrode plate, the negative electrode plate comprises a negative current collector and a negative active material layer disposed on at least one surface of the negative current collector (paragraph 0052); wherein the negative active material layer comprises a binder, the binder comprises a polyethyleneimine salt and a carboxylate salt polymer (paragraph 0066).
Claim(s) 1,7, 8, and 13—19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baoxiao (CN 116195099 A).
Regarding claim 1, Baoxiao teaches a binder (paragraph 0001) wherein the binder comprises polyethyleneimine salt [paragraph 0013] and a carboxylate salt [paragraph 0006]).
Regarding claim 7, Baoxiao wherein the binder satisfies at least one of the following features: a) a storage modulus of an adhesive film of the binder is 3 GPa to 20 GPa [paragraph 0017; examiner notes Baoxiao teaches an elastic modulus of the adhesive film is 8 GPa to 15 GPa]; b) a tensile break strength of an adhesive film of the binder is 40 MPa to 140 MPa [paragraph 0017; examiner notes Baoxiao teaches tensile breaking strength of the adhesive film is 60 MPa to 140 MPa]; or c) a break elongation rate of an adhesive film of the binder is 5% to 40% [paragraph 0017; examiner notes Baoxiao teaches elongation at break of the adhesive film is 5% to 30%].
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 8, Baoxiao further teaches an electrochemical device (paragraph 0001) comprises a negative electrode plate, the negative electrode plate comprises a negative current collector and a negative active material layer disposed on at least one surface of the negative current collector (paragraph 0020); wherein the negative active material layer comprises a binder (paragraph 0020), the binder comprises a polyethyleneimine salt and a carboxylate salt polymer a binder (paragraph 0006 and 0013; examiner notes Baoxiao teaches the binder comprises polyethyleneimine salt [paragraph 0013] and a carboxylate salt [paragraph 0006])
Regarding claim 13, Baoxiao further teaches an electrochemical device wherein the binder satisfies at least one of the following features: a) a storage modulus of an adhesive film of the binder is 3 GPa to 20 GPa [paragraph 0017; examiner notes Baoxiao teaches an elastic modulus of the adhesive film is 8 GPa to 15 GPa]; b) a tensile break strength of an adhesive film of the binder is 40 MPa to 140 MPa [paragraph 0017; examiner notes Baoxiao teaches tensile breaking strength of the adhesive film is 60 MPa to 140 MPa]; or c) a break elongation rate of an adhesive film of the binder is 5% to 40% [paragraph 0017; examiner notes Baoxiao teaches elongation at break of the adhesive film is 5% to 30%].
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 14, Baoxiao further teaches an electrochemical device comprises a binder (paragraph 0001; examiner notes Baoxiao teaches the binder comprises polyethyleneimine salt [paragraph 0013] and a carboxylate salt [paragraph 0006]) wherein a total mass of the negative active material layer has a mass percent of the binder is 1% to 10% (paragraph 0077; examiner notes Baoxiao teaches an example of a negative electrode active material wherein the binder prepared are mixed to make the mass ratio of graphite, SiO, conductive carbon black, and binder 70:15:10:5).
Prior art which teaches a specific example within claimed range thus the prior art anticipates the claim; See MPEP 2131.03.
Regarding 15, Baoxiao further teaches a negative active material in the negative active material layer comprises silicon (paragraph 0007 and 0022).
Regarding claim 16, Baoxiao further teaches an electrochemical device (paragraph 0001) comprises a silicon-based negative active material layer (paragraph 0022) wherein based on a total mass of the negative active material there is a mass percent of silicon is 1% to 60% (paragraph 0022; examiner notes Baoxiao teaches a mass percentage of silicon in the negative electrode active material layer is 1% to 60% based on the total mass of the negative electrode active material layer).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 17, Baoxiao, et al. further teaches the negative active material further comprises at least one of graphite (paragraph 0023) or hard carbon (paragraph 0023).
Regarding claim 18, Baoxiao further teaches an electrochemical device (paragraph 0001) comprises a silicon-based negative active material layer (paragraph 0022) wherein a D50 of the negative active material is 5 μm to 40 μm (paragraph 0024; examiner notes Baoxiao teaches negative electrode active material layer includes a negative electrode active material with the average particle size Dv50 of which is 5 μm to 40 μm).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 19, Baoxiao further teaches an electrochemical device comprises a binder (paragraph 0001; examiner notes Baoxiao teaches the binder comprises polyethyleneimine salt [paragraph 0013] and a carboxylate salt [paragraph 0006]) and negative electrode plate that satisfies at least one of the following features: d) a compaction density of the negative active material layer is 1.45 g/cm3 to 1.85 g/cm3 [paragraph 0023; examiner notes Baoxiao teaches compaction density of the negative electrode active material layer is from 1.45 g/ cm3 to 1.85 g/ cm3]; e) a cohesive force of the negative active material layer is 20 N/m to 200 N/m [paragraph 0025; examiner notes Baoxiao teaches cohesive force of the negative electrode sheet is 20 N/m to 100 N/m]; or f) a bonding force between the negative active material layer and the negative current collector is 10 N/m to 850 N/m [paragraph 0026; examiner notes Baoxiao teaches adhesion strength of the negative electrode sheet is from 10 N/m to 850 N/m].
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
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(s) 1, 3, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiromoto, et al. (JP 2016/170959 A).
Regarding claim 1, Hiromoto, et al. teach a binder comprises polyethyleneimine salt [paragraph 0005] and a carboxylate salt [paragraph 0015]). Hiromoto, et al. motivation is to add both sodium polyacrylate and polyethyleneimine to improve the discharge rate characteristics of alkaline batteries (paragraph 0010). Therefore, it would be obvious to one of ordinary skill in the art at the time the invention was filed to configure a binder comprising polyethyleneimine salt and carboxylate salt as claimed.
Regarding claim 3, Hiromoto, et al. further teach a binder wherein a mass ratio between the polyethyleneimine salt and the carboxylate salt polymer is (1.7 to 2.3): 1 (paragraph 0016; examiner notes Hiromoto, et al. teach weight ratio of sodium polyacrylate to polyethyleneimine is preferably 0.5 to 2). Hiromoto, et al. motivation is based on too little sodium polyacrylate will reduce water-retaining effect and too little polyethyleneimine will reduce the dissociation of the OH- ion (paragraph 0016).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 8, Hiromoto, et al. teach an electrochemical device (paragraph 001) comprises a negative electrode plate, the negative electrode plate comprises a negative current collector (paragraph 0017) and a negative active material layer disposed on at least one surface of the negative current collector (paragraph 0017); wherein the negative active material layer comprises a binder (paragraph 0017), the binder comprises a polyethyleneimine salt and a carboxylate salt polymer (paragraph0005, 0015, and 0017; examiner notes Hiromoto, et al. teach the binder comprises polyethyleneimine salt [paragraph 0005] and a carboxylate salt [paragraph 0015]). Hiromoto, et al. motivation is to improve the discharge rate characteristics of alkaline batteries (paragraph 0010). Therefore, it would be obvious to one of ordinary skill in the art at the time the invention was filed to configure an electrochemical device as claimed.
Regarding claim 10, Hiromoto, et al. further teach an electrochemical device comprising a binder wherein a mass ratio between the polyethyleneimine salt and the carboxylate salt polymer is (1.7 to 2.3): 1 (paragraph 0016; examiner notes Hiromoto, et al. teach weight ratio of sodium polyacrylate to polyethyleneimine is preferably 0.5 to 2). Hiromoto, et al. motivation is based on too little sodium polyacrylate will reduce water-retaining effect and too little polyethyleneimine will reduce the dissociation of the OH- ion (paragraph 0016).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baoxiao (CN 117613355 A) teaches comprises a negative electrode plate, wherein the negative electrode plate comprises a negative electrode current collector and a negative electrode active material layer positioned on at least one surface of the negative electrode current collector, the negative electrode active material layer comprises a negative electrode active material and a binder (claim 1). Specifically, Baoxiao teaches the negative electrode active material comprises a silicon-based negative electrode material and a graphite material (claim 1), wherein the binder comprises a binder A and a binder B, the binder A comprises an anionic polymer containing at least one of a sodium polyacrylate salt or a lithium polyacrylate salt (claim 4), and the binder B comprises polyethyleneimine (claim 5) which meet claims 1, 5, 8, 15, 17, and 20 dimensions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN MITCHELL FRAZIER whose telephone number is (571)270-5955. The examiner can normally be reached Monday- Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria Veronica D Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.M.F./Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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