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 .
The Applicant has amended claim 1; and canceled claims 7, 9. The pending claims are claims 1-6, 8, 10-17.
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.
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) 1-6, 8, 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al., US 2018/0294461, in view of Sakurai Katsuyuki et al., JP 2003-045477, and in further view of Jung et al., US 2013/0101886.
Regarding claim 1, Feng et al., teaches an electrode assembly (positive and negative electrodes and separator (film)) (0012) comprising:
a negative electrode (0012);
a positive electrode (0012); a separator (film) (0012) disposed between the negative electrode and the positive electrode (0012) and including a first surface and a second surface (0039), the second surface being opposite the first surface and the first surface facing the negative electrode and the second surface facing the positive electrode (0031; 0035; 0039; 0078; 0086; 0136).
a first functional layer disposed on the first surface and including a fibrous polymer (fiber layer) (0039; 0078) and a heat resistant polymer (polyetherimide) (abstract; 0007; 0016-0022) and a second functional layer disposed on the second surface and including inorganic particles (0039; 0078-0080); structure of separator from outer side to central area: First Functional Layer: Fiber---Second Functional Layer: Inorganic Particles---Separator. Feng teaches the two distinct functional layers.
In Fig. 1 of Feng et al., the order of the layers in the method of making would provide a porous separator in the middle of the structure in the first step, and on one side there would be a polymer due to the second step and in the last step there would be a fiber layer on the opposite side of the structure (0017-0039).
Feng et al., does not teach organic particles.
Sakurai Katsuyuki et al., teaches a polymer containing layer is interposed between an anode and a separator; and the polymer-containing layer contains reinforcing material particles of inorganic particles and organic particles (0018; 0076; 0078; Fig. 2).
It would have been obvious to one of ordinary skill in the art to incorporate organic particles in the in order to further reinforce the second functional layer of Feng. “The reinforcing material particles to be contained in the polymer-containing layer may be of one type or may be of two or more different types” (0078). “By adopting such a structure, the strength of the polymer-containing layer can be increased, so that the rate of occurrence of internal short circuits can be reduced (0076).
Feng et al., does not teach inorganic particles include at least one of lithium manganese oxide and lithium iron phosphate oxide.
Jung et al., teaches inorganic particles include at least one selected from the group consisting of lithium manganese oxide (manganese-based lithium oxide) (0036), lithium iron phosphate oxide (lithium metal phosphate) (0036-0040):
“the manganese-based lithium oxide may have a high-voltage spinel structure and may be advantageously applied to a positive active material for a lithium secondary battery” (0036-0040).
Additionally, Jung et al., teaches a separator (ref 113) (0044-0049) comprising “a coating layer on at least one side of the porous substrate” (claim 4). “In certain embodiments, the metal filler may be mixed with a polymer resin as a particle, or it may provide a layer by a general method of, for example, preparing a resin composition solution including the metal filler and a polymer resin and coating the same on at least one surface of separator.” (0049). In addition, “the separator within the lithium secondary battery may include a substrate of at least one polyolefin-based single layer or multilayer;” (two layer) (0022).
Additionally, Jung teaches that “the separator may further include a coating layer on at least one side of the porous substrate (0014) In certain embodiments, the coating layer may include a polymer and a metal filler (0015) In certain embodiments, the metal filler may include a component selected from the group consisting of metal oxide…(0016).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Jung into the teachings of modified Feng because Jung teaches “A goal of pursuing eco-friendly energy has lead research to focus on new energy sources. Particularly, a lithium secondary battery as a high energy density and high performance as a main power source or an auxiliary power source for an electric vehicle or a hybrid vehicle is required to apply the stable electric power. For example, the manganese-based lithium oxide may have a high-voltage spinel structure and may be advantageously applied to a positive active material for a lithium secondary battery” (0040).
Additionally, the first functional layer is separated from the second functional layer by the separator.
Regarding claim 2, Feng et al., teaches a thickness of the first functional layer is about 0.5 um to about 30 um (0023; 0076).
Regarding claim 3, Feng et al., teaches the first functional layer has a network structure crosslinked by spinning (0009-0011; 0040-0050).
Regarding claim 4, Feng et al., does not teach the first functional layer has permeability of about 75 % to about 93 %.
Sakurai Katsuyuki et al., teaches the first functional layer has permeability (water-absorbing; water absorbability) (0083-0084) of about 75 % to about 93 % ( “amount of the water-absorbing polymer to 0.1 to 50% by weight”) (0107).
However, one of ordinary skill in the art would have been motivated to employ the claimed range because it would promote increased improvement (0107).
Regarding claim 5, Feng et al., teaches the fibrous polymer includes at least one of a polyvinyl chloride (0070).
Regarding claim 6, Jung et al., teaches the heat resistance polymer includes at least one of a polytetrafluoroethylene (0063).
Regarding claim 8, Feng et al., does not teach a thickness of the second functional layer is about 2 um to about 15 um.
Sakurai Katsuyuki et al., teaches a thickness of the second functional layer is about 10 um to about 150 um (0081).
Thus, one would have been motivated to employ the thickness of the functional layers in the claimed range because Katsuyuki teaches the ideal range leads to the strength of the polymer- containing layer being sufficient and the occurrence rate of the internal short-circuit being sufficient (0080).
Regarding claim 11, Feng et al., does not teach an average particle diameter of the organic particles is about 0.5 um to about 2 um.
Sakurai Katsuyuki et al., teaches an average particle diameter of the organic particles is about 1 um (0079).
However, when the size of the inorganic particles satisfies the range, dispersion is maintained, adjustment of the properties of the separator is made easy, an increase in thickness of the porous coating layer is avoided, the mechanical properties are improved. (0061).
Regarding claim 12, Feng et al., does not teach an amount of the organic particles is about 5 wt% to about 60 wt% based on the second functional layer.
Sakurai Katsuyuki et al., teaches an amount of the organic particles is about 1 wt% to about 630 wt% based on the second functional layer (0080).
Sakurai Katsuyuki et al., teaches “the content of the reinforcing material particles in the polymer-containing layer is preferably in the range of 1 to 30% by weight. This is due to the following reasons. When the content of the reinforcing material particles is less than 1% by weight, the strength of the polymer-containing layer may be insufficient and the internal short circuit occurrence rate may be increased. on the other hand, when the content of the reinforcing material particles exceeds 30% by weight, the content of the polymer having water absorbability and adhesiveness is relatively decreased to lower the adhesive strength with the electrode or the electrolytic solution absorbability of the polymer-containing layer. A more preferable range of the content is 5 to 20% by weight (0080).
Therefore it would have been obvious to one of ordinary skill in the art to have the organic particles be from 1-30 wt% because this leads to sufficient strength of the polymer containing layer.
Regarding claim 13, Jung et al., does not teach the separator includes a substrate comprising at least one polytetrafluoroethylene (0063).
Regarding claim 14, Feng et al., teaches a rechargeable battery (abstract) comprising: an electrode assembly of claim 1 (0012).
Feng et al., does not teach an outer case housing the electrode assembly.
Sakurai Katsuyuki et al., teaches an outer case housing the electrode assembly (0054-0055).
However, it would have been obvious to one of ordinary skill in the art to provide an outer case to protect the electrode assembly within the housing.
Regarding claim 15, Feng et al., teaches electrode assembly wherein the first functional layer consists of the fibrous polymer (0017) and the heat resistant polymer (0036), the fibrous polymer is polyethylene (0017) or polypropylene (0017); the heat resistant polymer is polyimide or polyvinyl alcohol or polyacrylonitrile (0036).
Regarding claim 16, Feng et al., does not teach a mixing weight ratio of the fibrous polymer and the heat resistant polymer is about 5:5 to about 2:8.
However, Feng et al., teaches that when the size of the inorganic particles satisfies the range, dispersion is maintained, adjustment of the properties of the separator is made easy, an increase in thickness of the porous coating layer is avoided, the mechanical properties are improved. (0061).
Regarding claim 17, Feng et al., teaches the first functional layer is directly on the first surface of the separator, and the second functional layer is directly on the second surface of the separator. In Fig. 1 of Feng et al., the order of the layers in the method of making would provide a porous separator in the middle of the structure in the first step, and on one side there would be a polymer due to the second step and in the last step there would be a fiber layer on the opposite side of the structure (0017-0039).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al., US 2018/0294461, in view of Sakurai Katsuyuki et al., JP 2003-045477, and Jung et al., US 2013/0101886, and in further view of Ahn, US 2012/0301777.
Regarding claim 10, Feng et al., and Jung et al., do not teach the organic particles include a polyethylene wax.
Sakurai Katsuyuki et al., teaches a polyethylene (0078).
Ahn teaches a battery comprising a “polyethylene material may be a polyethylene wax material. The safety layer may further include a conductive material interspersed in the polyethylene wax material.” (0009; 0050). Additionally, “the safety layer 202 absorbs internal accumulated heat generated in a short-circuited area of the secondary battery 100, thereby preventing the secondary battery 100 from further igniting. Accordingly, the safety of the secondary battery 100 is improved.” (0050).
Thus, it would have been obvious to one of ordinary skill in the art to employ a polyethylene wax in the structure because “The safety layer 202 exists in a wax form at room temperature and is melted by heat to have fluidity.” (0050).
In addition, one of ordinary skill in the art would have been motivated to insert the teachings of Ahn into the teachings of modified Feng et al., because the polyethylene wax “absorbs internal accumulated heat generated in a short-circuited area of the secondary battery 100, thereby preventing the secondary battery 100 from further igniting. Accordingly, the safety of the secondary battery 100 is improved.” (0050).
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive. The Applicant has overcome the 35 USC 112 Rejection via amendment of claim 1.
First: The Applicant argues that “Feng does not disclose opposite-side functional layers; its layers reside on the “same” side of the separator.”
However, Feng teaches a functional layer on opposite sides of the separator (0035; 0039; 0078; 0086; 0136):
“the fiber layer is disposed on each of two sides of the porous separator. Similarly, in some embodiments, the inorganic particle layer is disposed on each of two surfaces of the porous separator. In these embodiments, the inorganic particle layer is disposed between the fiber layer and the porous separator.” (0039)
“electrostatic spinning may be carried out on each of two sides of the porous separator. In some embodiments, in step S3, the fiber layer is prepared on each of two side surfaces of the porous separator via electrostatic spinning.” (0078)
Second: The Applicant argues that “the Office’s inference that S2 yields a polymer layer on one side and S3 adds a fiber layer on the other (OA at 4) is unsupported by Feng.”
However, Feng teaches a polymer layer on one side and a fiber layer on the other side:
“The fiber layer may be disposed on one side of the porous separator, and also, the fiber layer may be disposed on each of two sides of the porous separator. In one embodiment, the fiber layer is disposed on each of two surfaces of the porous separator.” (0031)
Third: Applicant argues that “Feng provides no motivation to separate the fiber layer from the inorganic particle layer.”
However, Feng teaches a separate fiber layer from a separate inorganic particle layer as seen in paragraph 0031 of Feng:
“The fiber layer may be disposed on one side of the porous separator, and also, the fiber layer may be disposed on each of two sides of the porous separator. In one embodiment, the fiber layer is disposed on each of two surfaces of the porous separator.” (0031)
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727