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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 12/15/25. Applicant’s arguments have been considered, but are not found persuasive. Claims 7-10 are pending. Claims 1-6 are canceled. This Action is FINAL.
Claims Analysis
Examiner notes [0016] of the present specification teaches the nonionic ethylenically unsaturated monomer (a1) may be at least one of an aromatic ethylenically unsaturated compound, a methacrylic acid alkyl ester or a polar group containing ethylenically unsaturated carboxylic acid ester. See at least [0015-0022] regarding the first structural unit.
Examiner notes [0024] of the present specification teaches the anionic ethylenically unsaturated monomer (a2) may be at least one of an ethylenically unsaturated carboxylic acid, a salt of an ethylenically unsaturated carboxylic acid, an ethylenically unsaturated sulfonic acid or a salt of an ethylenically unsaturated sulfonic acid. See at least [0023-0028] regarding the second structural unit.
Examiner notes examples of the crosslinking agent are listed at [0030] wherein divinylbenzene is preferable. See at least [0029-0031] regarding the third structural unit. Examiner further notes [0014] wherein the polymer A may contain other structural units.
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.
Claim(s) 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasegawa et al., CN 110462900 A.
Hasegawa teaches an electrode binder comprising a crosslinked polymer having carboxyl group or a salt thereof, wherein the crosslinked polymer contains structural units derived from an ethylenic unsaturated carboxylic acid monomer (abstract). The crosslinked polymer further has a structural unit derived from a crosslinking monomer (claim 2). The crosslinking monomer may be a polyfunctional compound such as divinylbenzene [0052-0056]. The structural unit derived from an ethylenically unsaturated carboxylic acid monomer, referred to as “component (a)”, may be a (meth)acrylate monomer [0030-0034]. The crosslinked polymer may contain, in addition to component (a), a structural unit derived from another ethylenically unsaturated monomer, referred to as “component (b)”. Examples of component (b) include structural units derived from ethylenically unsaturated monomer compounds having anionic groups other than carboxyl groups such as sulfonic acid groups, phosphoric acid groups and noninonic ethylenically unsaturated monomers [0035-0038].
As other nonionic ethylenically unsaturated monomer, for example, (meth)acrylates can be used. Examples include alkyl (meth)acrylate compounds, for example, (meth) methyl acrylate, (methyl) ethyl acrylate, (methyl) butyl acrylate, (methyl) isobutyl acrylate and (methyl) acrylic acid 2-ethylhexyl (meth) acrylate compound; (meth) acrylate, cyclohexyl (meth) acrylate such as methyl cyclohexyl (meth) acrylic acid cycloalkyl ester compound, (meth) acrylic acid methoxy 2-ethyl ester, (methyl) acrylic acid ethoxy ethyl ester and (methyl) acrylic acid alkoxyl alkyl ester compound; (methyl) hydroxyethyl acrylate, (methyl) acrylic acid hydroxyl propyl ester and (methyl) acrylic acid hydroxyl butyl ester and (meth) acrylate compounds, and the like. One of these compounds may be used alone, or two or more thereof may be used in combination [0039-0041].
Hasegawa teaches a total amount of the ethylenically unsaturated carboxylic acid monomer and a salt thereof in terms of a non-neutralized form which is converted from the ethylenically unsaturated carboxylic acid monomer and a salt thereof relative to a total amount of the crosslinked polymer and a salt thereof is 5.0% by mass or less (abstract). The amount of the crosslinkable monomer is, for example, 0.05% to 5% by mass, or for example 0.1% to 4% by mass, or for example 0.2% to 3% by mass, or for example 0.3% to 2% by mass in all compositional monomers in the crosslinked polymer [0061]. The binder may contain only the crosslinked polymer. However, the binder may contain an additional component such as styrene/butadiene latex (SBR) [0111]. Hasegawa teaches the ethylenically unsaturated carboxylic acid monomer may be in an un-neutralized state or in a neutralized state [0077].
When the component (b) is a structural unit derived from a nonionic ethylenically unsaturated monomer, the proportion thereof is not particularly limited, and may be, for example, 1% by mass to 50% by mass relative to all structural units of the crosslinked polymer [0038].
The styrene/butadiene latex is a copolymer having a structural unit derived from an aromatic vinyl monomer such as styrene and a structural unit derived from an aliphatic conjugated diene monomer such as 1,3-butadiene. Examples of the aromatic vinyl monomer include a-methylstyrene, vinyltoluene (a derivative of styrene) divinylbenzene and the like in addition to styrene, and one or more of these monomers may be used. In addition to these monomers, styrene/butadiene latex may also use carboxyl-containing monomers such as (meth)acrylic acid, itaconic acid, maleic acid, etc. in order to further improve properties such as adhesion. The content of the structural unit derived from the other monomer in the copolymer is, for example, in the range of 0-20 mass % [0113-0119].
Thus, the claims are anticipated. Examiner notes [0017] of the present specification discloses examples of the aromatic ethylenically unsaturated compound include benzyl (meth)acrylate.
Response to Arguments
Applicant's arguments filed 12/15/25 have been fully considered but they are not persuasive.
Applicant argues “the total amount of ethylenically unsaturated carboxylic acid monomers and a salt thereof is the total amount of unreacted monomers and salts thereof, i.e., the residual carboxylic acid monomer (salt) content to the total amount of the crosslinked polymer and salts thereof. That said, it does not mean that the total amount of ethylenically unsaturated carboxylic acid monomers constituting the cross-linked polymer is 5.0 mass % or less. Examiner disagrees. Hasegawa teaches the ethylenically unsaturated carboxylic acid monomer may be in an un-neutralized state or in a neutralized state [0077]. Furthermore, Applicant’s arguments do not appear to be commensurate in scope with the claimed invention as claim 7 does not require polymer A to consist of (a1), (a2) and (a3). The claimed element (a1) of claim 7 is significantly broad. Furthermore, “derived from” may be given the broadest reasonable interpretation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725