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 .
Election/Restrictions
Applicant’s election of Group I (claims 23-35 and 41-42) in the reply filed on March 11, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 36-40 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 11, 2026
Claim Objections
Claim 41 objected to because of the following informalities:
In lines 3 and 4 of claim 41, “…cathode tap…” appears to be a typographical error and should recite “…cathode tab…” for purposes of clarity. Appropriate correction is required.
Claim Interpretation
Claim 24 includes a limitation wherein the conjugated diene copolymer comprises a polymerized product of one or more monomer selected from the group consisting of (a) a conjugated diene-based monomer or a conjugated diene-based polymer; (b) one or more monomers selected from the group consisting of acrylate-based monomers, vinyl- based monomers, and nitrile-based monomers; and (c) unsaturated carboxylic acid-based monomers and hydroxy group-containing monomers. Claims 25-30 define a conjugated diene-based monomer or a conjugated diene-based polymer, acrylate-based monomers, vinyl- based monomers, nitrile-based monomers, unsaturated carboxylic acid-based monomers and hydroxy group-containing monomers without requiring the presence thereof.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 23-35 are rejected under 35 U.S.C. 103 as being unpatentable over Isshiki et al. (US 2020/0220174) in view of Yusuke (WO 2019/065471) and Sonobe (US 2016/0118664). The English machine translation of Yusuke is attached and referenced below.
Regarding Claim 23, Isshiki et al. teaches a functional layer slurry composition wherein the functional layer improves heat resistance (Para. [0124]) (i.e. a thermally insulating-layer or insulation-layer forming composition) for a lithium ion secondary battery (Para. [0101]) (i.e. lithium secondary battery) containing a binder composition (Para. [0094]) wherein the binder comprises a conjugated diene copolymer as a binder polymer (Para. [0036]) wherein the binder is dispersed in a solvent (Para. [0031]) such as N-methyl-2-pyrrolidone (i.e. a non-aqueous organic solvent) (Para. [0085]) wherein the binder composition comprises 5 parts of sodium dodecylbenzensulfonate as an emulsifier and monomer consumption reaches 95.0% wherein 61 parts styrene, 33 parts 1,3-butadiene, 5 parts itaconic acid and 1 part 2-hydroxylethyl acrylate were used (and thus, 95 parts solid as 61+33+5+1*0.95 = 95) to yield a polymer A (Para. [0270]) wherein 100 parts in terms of solid content of the polymer A are mixed with 35 parts azodicarbonamide (Para. [0272]) and thus, an emulsifier content of 5 / 135 = about 3.7 wt% (i.e. a content of an emulsifier is 0.3 wt% or more with respect to the total solid weight) wherein the insulation-layer forming composition for a lithium secondary battery does not contain carboxymethylcellulose (see Para. [0270]- [0273]).
Isshiki et al. does not teach a gel content nor a moisture content.
However, Yusuke teaches a moisture content of a functional layer is less than 200 ppm (Para. [0102]) (i.e. a moisture content of 10,000 ppm or less) wherein the functional layer provides heat resistance (Para. [0054]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the insulation-layer forming composition of Isshiki et al. to incorporate the teaching of teaches a moisture content of a functional layer is less than 200 ppm, as taught by Yusuke as reducing a water content of a functional layer improves cycle characteristics of the electrochemical element (Para. [0012]).
Isshiki et al. as modified by Yusuke does not teach a gel content
However, Sonobe teaches a binder composition including a particulate polymer (Para. [0190]) wherein the gel content is 80 mass% or more and 98 mass% or less (Para. [0150]) (i.e. a gel content range overlapping with 70 percent by weight or more with respect to a total solid weight).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified binder composition of Isshiki et al. to incorporate the teaching of the gel content as taught by Sonobe as such a composition provides sufficient adherence properties without becoming too brittle (Para. [0151]). In the case where the 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).” See MPEP §2144.05(I).
Regarding Claim 24, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 23 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 1,3-butadiene monomer as an aliphatic conjugated diene monomer (i.e. a conjugated diene copolymer comprises a polymerized product of a conjugated diene-based monomer, meeting at (a) of the instant claim), 61 parts styrene (i.e. a vinyl-based monomer meeting (b) of the instant claim) , 5 parts itaconic acid (i.e. an unsaturated carboxylic acid-based monomer) and 1 part 2-hydroxylethyl acrylate (i.e. and a hydroxy group-containing monomer, meeting (c) of the instant claim) (Para. [0270]).
Regarding Claim 25, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 1,3-butadiene monomer as an aliphatic conjugated diene monomer (i.e. the conjugated diene-based monomer is 1,3-butadiene) (Para. [0272]).
Regarding Claim 26, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 1,3-butadiene monomer as an aliphatic conjugated diene monomer (i.e. a conjugated diene copolymer comprises a polymerized product of a conjugated diene-based monomer, meeting at (a) of the instant claim 24), 61 parts styrene (i.e. a vinyl-based monomer meeting (b) of the instant claim 24) , 5 parts itaconic acid (i.e. an unsaturated carboxylic acid-based monomer) and 1 part 2-hydroxylethyl acrylate (i.e. and a hydroxy group-containing monomer, meeting (c) of the instant claim 24) (Para. [0270]). Since the instant claim is being interpreted as defining “the acrylate-based monomer” without requiring the presence thereof, these cited monomers meet the limitations of claim 26.
Regarding Claim 27, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 61 parts styrene (i.e. a vinyl-based monomer meeting is styrene) (Para. [0272]).
Regarding Claim 28, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 1,3-butadiene monomer as an aliphatic conjugated diene monomer (i.e. a conjugated diene copolymer comprises a polymerized product of a conjugated diene-based monomer, meeting at (a) of the instant claim 24), 61 parts styrene (i.e. a vinyl-based monomer meeting (b) of the instant claim 24) , 5 parts itaconic acid (i.e. an unsaturated carboxylic acid-based monomer) and 1 part 2-hydroxylethyl acrylate (i.e. and a hydroxy group-containing monomer, meeting (c) of the instant claim 24) (Para. [0270]). Since the instant claim is being interpreted as defining “the nitrile-based monomer” without requiring the presence thereof, these cited monomers meet the limitations of claim 28.
Regarding Claim 29, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 5 parts itaconic acid (i.e. an unsaturated carboxylic acid-based monomer is itaconic acid) (Para. [0270]).
Regarding Claim 30, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches the composition comprising a polymer A comprises 1 part 2-hydroxylethyl acrylate (i.e. and a hydroxy group-containing monomer is hydroxyethyl acrylate) (Para. [0270]).
Regarding Claim 31, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 24 as explained above.
Isshiki et al. further teaches “parts” in expressing quantities are by mass (Para. [0175]) and the composition comprising a polymer A comprises 33 parts 1,3-butadiene monomer as an aliphatic conjugated diene monomer (i.e. a conjugated diene copolymer comprises a polymerized product of a conjugated diene-based monomer comprising 33 wt% of the conjugated diene-based monomer), 61 parts styrene (i.e. 61 wt% of the vinyl-based monomer), 5 parts itaconic acid (i.e. an unsaturated carboxylic acid-based monomer) and 1 part 2-hydroxylethyl acrylate (i.e. and a hydroxy group-containing monomer, comprising 6 wt% of the unsaturated carboxylic acid-based monomer and the hydroxy group-containing monomer) (Para. [0270]).
Regarding Claim 32, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 23 as explained above.
Isshiki et al. further teaches the organic solvent (i.e. the non-aqueous organic solvent) includes N-methyl-2-pyrrolidone, tetrahydrofuran, acetonitrile, and isopropyl alcohol (Para. [0085]).
Regarding Claim 33, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 23 as explained above.
Isshiki et al. further teaches the volume-average particle diameter of the binder is 40 nm or more and 300 nm or less (Para. [0172]) (i.e. overlapping with the claimed range of the conjugated diene copolymer particles having an average particle diameter of 50 nm or more and 500 nm or less) wherein the binder is polymer A (Para. [0270]) (i.e. present in an independent phase).
Regarding Claim 34, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 23 as explained above.
Isshiki et al. further teaches the polymer A comprises 33 parts 1,3-butadiene and 61 parts styrene (i.e. the copolymer is a styrene-butadiene copolymer) (Para. [0270]) and organic solvent includes N-methyl-2-pyrrolidone (Para. [0085]) (i.e. the non-aqueous organic solvent is N-methyl-pyrrolidone).
Regarding Claim 35, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of the current invention in claim 23 as explained above.
Isshiki et al. further teaches the polymer A comprises 33 parts 1,3-butadiene and 61 parts styrene (i.e. the conjugated diene copolymer is a styrene-butadiene copolymer) using emulsion polymerization in water (Para. [0070], [0270]) (i.e. latex) and organic solvent includes N-methyl-2-pyrrolidone (Para. [0085]) (i.e. the non-aqueous organic solvent is N-methyl-pyrrolidone).
Claims 41-42 are rejected under 35 U.S.C. 103 as being unpatentable over Ohsawa et al. (US 2019/0067680) in view of Isshiki et al. (US 2020/0220174) in view of Yusuke (WO 2019/065471) and Sonobe (US 2016/0118664).
Regarding Claim 41, Ohsawa et al. teaches a positive electrode (i.e. a cathode) for a lithium ion secondary battery (Para. [0037]) comprising a positive electrode current collecting plate (Para. [0041]) (i.e. a cathode current collector), a positive electrode tab (i.e. a cathode tap) having a portion drawn from an outer casing (i.e. protruding from the current collector, see Fig. 1, #25) coated with a heat resistant and insulating thermally shrunken tube or the like (Para. [0466]) (i.e. an insulation layer coated on the cathode tap and formed of an insulating material).
Ohsawa et al. does not teach the insulating material contains the composition of claim 23 above.
However, Isshiki et al. as modified by Yusuke and Sonobe teaches all of the elements of an insulating material containing the composition of claim 23 as explained in section “11.” above.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heat resistant and insulating material of Ohsawa to incorporate the teaching of composition as taught by Isshiki et al., as such as composition would provide improved heat resistance and strength (Para. [0124]). See the rejection to claim 23 for full details of the combination of Isshiki et al. as modified by Yusuke and Sonobe, incorporated herein but not reiterated herein for brevity’s sake.
Regarding Claim 42, Ohsawa et al. as modified by Isshiki et al., Yusuke and Sonobe teaches all of the elements of the cathode for a lithium secondary battery of claim 41 as explained above.
Ohsawa et al. further teaches a lithium ion secondary battery comprising the positive electrode (i.e. a lithium secondary battery comprising the cathode for a lithium secondary battery) (Para. [0037]).
Conclusion
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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