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 .
Response to Arguments
Applicant's amendments and corresponding arguments filed 3/18/2026 have been fully considered and are not persuasive. Applicant states the primary reference Yoo (US 20190044178 A1) does not disclose the Claim 1 limitations requiring the separating body to be "adhesive” and “without holes." In the reply filed 3/18/2026, Applicant states:
“The structure of the separator of Yoo is a polymeric base material 205, which includes pores. See paragraphs [0025] and [0026], and FIG. 2, of Yoo, disclosing an intermediate layer 210 having pores, and an adhesive layer 230. The adhesive layer is discontinuously coated, as disclosed in FIGS. 2-3 and paragraph [0035-0037], to prevent the pores being blocked or to ensure having sufficient pores of the separator, i.e. the polymeric base material 205 and the intermediate layer 210.
Therefore, in Yoo's structure, even if adhesive is applied, claim 1's feature of "adhesive ... without holes" cannot be met.
In the previous action, Examiner identified Yoo’s adhesive layer 230 as the claimed “separating body.” The adhesive layer 230 blocks the pores of an adjacent porous layer (see [0033-0039] of Yoo), thus meeting the limitations “adhesive” and “without holes.” Examiner did not cite Yoo’s polymeric base material 205 to correspond to any limitation(s) of the claimed invention, so Applicant’s arguments regarding the properties of the polymeric base material 205 are moot. Examiner agrees the adhesive layer 230 is discontinuously applied to the surface of the structural reinforcing layer (intermediate layer 210 of Yoo), but there is no limitation that precludes the claimed “separating body” from being one or more of Yoo’s discontinuous adhesive portions 230 that are applied to the intermediate layer 210.
After an updated search and consideration of the amended claims, the claimed invention remains obvious, but over new references that teach the amended limitations.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5, 9, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al., US 20190044178 A1, and further in view of Cho et al., US 20160372743 A1 and Less et al., US 20090087728 A1.
Regarding Claim 1, Yoo discloses a lithium ion battery having a composite separating layer (lithium ion energy storage device 100 and battery separator 200 [0021-0024], Figs. 1-2), the composite separating layer comprising:
a separating body being adhesive and without holes (adhesive layer 230 [0024, 0033-0035], Fig. 2; “without holes” met by adhesive blocking pores and/or limiting porosity of an adjacent porous layer [0033-0040], see adhesive layer 330 in Fig. 3); and
a structural reinforcing layer having holes and disposed on one side of the separating body (intermediate layer 210 is porous [0024, 0026-0032], Fig. 2),
wherein the structural reinforcing layer is composed of an undeformable structural supporting material and a binder (ceramic materials to afford dimensional stability [0026-0032], binder [0028-0031]);
wherein the undeformable structural supporting material of the structural reinforcing layer is an oxide-based solid electrolyte or a passive ceramic material (ceramic materials include oxides of titanium and aluminum [0032]; consistent with TiO2 and Al2O3 as passive ceramic materials in [0025] of the instant published application, US 20210320382 A1).
PNG
media_image1.png
350
693
media_image1.png
Greyscale
Yoo – Fig. 2
Yoo discloses the adhesive separating body comprises PVDF or PVDF-HFP ([0019, 0034]), but Yoo does not disclose the separating body is an ion-conductive material that further comprises the claimed cross-linking ether, ion-supplying material, and an additive. However, these components are taught by Cho.
Cho teaches an adhesive fluorinated polymer coating such as PVDF or PVDF-HFP has low ionic conductivity ([0073-0080]), but the conductivity can be increased by blending an ether such as polyethylene glycol dimethylether (PEGDME) with the PVDF or PVDF-HFP polymer ([0084]). Cho also teaches ion-supplying materials (lithium salts [0074, 0087]) and additives ([0045-0049, 0081], includes quaternary ammonium salts and FSI- anions) can be used in combination with the blended polymer to increase conductivity within the adhesive layer.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a crosslinking ether, an ion-supplying material, and an additive, as taught by Cho, to the separating body of Yoo, in order to create an ion-conducting adhesive layer with increased conductivity.
Regarding the limitation “the separating body is free of an additional binder,” Yoo discloses PVDF is an adhesive polymer with “adequate adhesion characteristics” ([0019, 0064]). Neither Yoo nor Cho teach or suggest adding another binder material to the PVDF polymer (Cho was relied upon to increase conductivity), thus modified Yoo meets the limitation “the separating body is free of an additional binder.”
Regarding the limitation for the structural reinforcing layer “having a mechanical strength higher than a mechanical strength of the separating body,” Examiner notes the limitation “mechanical strength” is broad, and is described by the instant specification as “does not deform by force” ([0023-0024] of the instant published application). Modified Yoo teaches the amount of ceramic in a separator layer can correspond to the dimensional stability and contribute to a brittle structure of the layer (Yoo, [0018, 0026]). As the structural reinforcing layer of modified Yoo comprises a minimum of 40 wt % ceramic (Yoo, aluminum oxide [0027, 0032]), while the separating body of modified Yoo does not comprise any ceramic, it is the Examiner’s position that the structural reinforcing layer of modified Yoo would have a mechanical strength higher than a mechanical strength of the separating body.
Modified Yoo does not teach the porous structural reinforcing layer (Yoo, intermediate layer 210) “further includes a deformable electrolyte material which is selected from the group consisting of an ionic liquid, an ionic liquid electrolyte, a liquid electrolyte, and a combination thereof, and the holes of the structural reinforcing layer are filled with the deformable electrolyte material.” However, this limitation is taught by Less.
Less teaches a battery separator comprising a porous ceramic structural reinforcing layer (ceramic nanocomposite separator “NCS” layer 15 has a pore volume fraction of greater than 25% [0033-0040], Figs. 1-3) disposed on one side of a nonporous separating body (nonporous membrane separator 17 is an ionically conducting polymer film [0044]). Less teaches the pores (i.e., the claimed “holes”) of the ceramic structural reinforcing layer are filled with a deformable liquid electrolyte material ([0009], liquid electrolyte permeates the NCS layer(s) 15 and 15' [0034], NCS layer is wetted by electrolyte solvent [0036]), to achieve the purpose of protecting the electrodes while permitting the movement of electrolyte ([0003]). Less teaches the deformable electrolyte material (liquid electrolyte [0034-0035]) is an appropriate electrolyte for a lithium ion battery ([0009]). Examiner notes the primary reference, Yoo, discloses a lithium ion battery, but does not disclose the electrolyte composition.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the holes of the structural reinforcing layer be filled with liquid electrolyte, in the lithium ion battery of modified Yoo, as Less teaches liquid electrolyte permeates and wets a structural reinforcing layer between electrodes in a lithium ion battery.
Modified Yoo also does not teach “a thickness of the separating body is 5 microns-45 microns, and a thickness of the structural reinforcing layer is 5 microns-45 microns” as required by Claim 1. However, this limitation is also taught by Less.
Less teaches a thickness of the separating body (the nonporous separator should have a thickness in the range of about 9 μm to 15 μm [0044]), and a thickness of the structural reinforcing layer (the range of thickness for the NSC layer 15 is about 2 to 16 μm [0045]), both thicknesses being within the claimed range of 5 μm to 45 μm. Less teaches battery separators must be thick enough to prevent dendrite bridging, but not thick enough to increase battery size and negatively affect the internal resistance and efficiency of the battery ([0006]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to optimize the thickness of the separating body and structural reinforcing layer, in the composite separating layer of modified Yoo, and would have been motivated to do so, as Less teaches battery separator membranes within the claimed thickness ranges are thick enough to prevent dendrite bridging, but not thick enough to negatively affect battery efficiency.
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) [MPEP 2144.05].
Regarding Claim 5, modified Yoo discloses all limitations as set forth above. Modified Yoo also discloses the binder of the structural reinforcing layer is selected from a material which cannot transfer metal ions (Yoo, binders may be polyimides [0031]; consistent with polyimide as a binder which cannot transfer metal ions in [0026] of the instant published application).
Regarding Claim 9, modified Yoo discloses all limitations as set forth above. Modified Yoo also discloses the ion supplying material is a lithium salt (Cho, lithium salts [0074, 0087]).
Regarding Claim 15, modified Yoo discloses all limitations as set forth above. Modified Yoo discloses an alternate embodiment (Yoo, separator 425 [0041-0046], Fig. 4) wherein the composite separating layer further comprises another structural reinforcing layer disposed on an opposite side of the separating body (Yoo, separator 425 comprises two intermediate layers 435 a/b [0041-0046], Fig. 4).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add another structural reinforcing layer disposed on an opposite side of the separating body, in the separating body of modified Yoo, as Yoo also teaches such an embodiment.
Regarding Claim 16, modified Yoo discloses all limitations as set forth above. Modified Yoo discloses an alternate embodiment (Yoo, separator 425, Fig. 4) wherein an additional separating body is disposed on an opposite side of the structural reinforcing layer (Yoo, separator 425 comprises two adhesive layers 440 a/b [0041-0046], Fig. 4).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add another structural reinforcing layer disposed on an opposite side of the separating body, in the separating body of modified Yoo, as Yoo also teaches such an embodiment.
Regarding the limitation “the additional separating body being ion-conductive, adhesive, and without holes, and mainly composed of the ion-conductive material,” modified Yoo discloses the two separating bodies may be the same material (Yoo, [0009, 0043]). Therefore, the additional separating body of Claim 16 would be the same as the separating body of modified Yoo in Claim 1, which is ion-conductive, adhesive, without holes, and mainly composed of the ion-conductive material.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yoo as applied to Claim 1 above, and further in view of Le et al., US 20030094599 A1.
Regarding Claim 6, modified Yoo discloses all limitations as set forth above. Modified Yoo does not disclose “the binder of the structural reinforcing layer is selected from a material capable of transferring metal ions” as required by Claim 6. However, this limitation is taught by Le.
Le teaches a battery layer between electrodes, wherein the layer comprises an ionically conductive polymer and inorganic oxide particles ([0004-0013]). Le teaches the inorganic oxide particles may be alumina, which offer mechanical strength to the layer ([0021]). Le also teaches the ionically conductive polymer is superior to typical polymers such as PEO, because the polymer can conduct and transfer lithium ions across a wider range of temperatures ([0002-0003, 0022]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the binder be a material capable of transferring metal ions, in the separating body of modified Yoo, as Le teaches an ionically conductive polymer is compatible with alumina, and can conduct and transfer lithium ions across a wide range of temperatures.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over modified Yoo as applied to Claim 1 above, and further in view of Wang et al., US 20190196291 A1 (previously cited).
Regarding Claim 13, modified Yoo discloses all limitations as set forth above. Modified Yoo does not disclose the separating body comprises a ceramic material. However, this is taught by Wang.
Wang teaches in order to control viscosity of an adhesive polymer layer, a metal oxide powder can be added to the layer ([0038, 0099], includes alumina; consistent with Al2O3 as a ceramic material in [0025] of the instant published application).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to add alumina, as taught by Wang, to the adhesive separating body of modified Yoo, in order to control viscosity of the layer.
Regarding the limitation “a volume content of the ion-conductive material is higher than a volume content of the ceramic material,” modified Yoo discloses the ion-conductive material may be up to 90 wt% of the total weight of the separating body (Cho, [0074]), while the metal oxide is optionally added in an amount of 0.1 wt % to 5 wt % (Wang, [0035-0039]). Modified Yoo meets this limitation, as a volume content of 0.1 wt % to 5 wt % ceramic nanoparticles in the separating body would occupy less volume than the ion-conductive material.
Regarding Claim 14, modified Yoo discloses all limitations as set forth above. Modified Yoo also discloses the ceramic material is a passive ceramic material (Wang, alumina [0038]; consistent with Al2O3 as a passive ceramic material in [0025] of the instant published application).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al., US 20190044178 A1, and further in view of Kunze et al., DE 102015111806 A1 and Less et al., US
20090087728 A1.
Regarding Claim 17, Yoo discloses a lithium ion battery having a composite separating layer (lithium ion energy storage device 100 and battery separator 200 [0021-0024], Figs. 1-2), the composite separating layer comprising:
a separating body being adhesive and without holes (adhesive layer 230 [0024, 0033-0035], Fig. 2; “without holes” met by adhesive limiting porosity of adjacent layer [0035-0040], Fig. 3); and
a structural reinforcing layer having holes and disposed on one side of the separating body (intermediate layer 210 is porous [0024, 0026-0032], Fig. 2),
wherein the structural reinforcing layer is composed of an undeformable structural supporting material and a binder (ceramic materials to afford dimensional stability [0026-0032], binder [0028-0031]);
wherein the undeformable structural supporting material of the structural reinforcing layer is an oxide-based solid electrolyte or a passive ceramic material (ceramic materials include oxides of titanium and aluminum [0032]; consistent with TiO2 and Al2O3 as passive ceramic materials in [0025] of the instant published application, US 20210320382 A1).
Regarding the limitation for the structural reinforcing layer “having a mechanical strength higher than a mechanical strength of the separating body,” Examiner notes the limitation “mechanical strength” is broad, and is described by the instant specification as “does not deform by force” ([0023-0024] of the instant published application). Yoo teaches the amount of ceramic in a separator layer can correspond to the dimensional stability and contribute to a brittle structure of the layer ([0018, 0026]). As the structural reinforcing layer of Yoo comprises a minimum of 40 wt % ceramic (aluminum oxide [0027, 0032]), while the separating body of modified Yoo does not comprise a ceramic, it is the Examiner’s position that the structural reinforcing layer of modified Yoo would meet this limitation.
Yoo discloses the adhesive separating body comprises a crystal growth inhibiting material (PVDF [0009, 0034]), but Yoo does not disclose the separating body is mainly composed of an ion-conductive material comprising a PMAN or PCEEI base material, an additive, and an ion-supplying material.
Kunze teaches a polymer adhesive layer in a lithium ion battery ([0011-0014]), wherein the adhesive may comprise PVDF and polymethylacrylonitrile (PMAN) ([0030]). Kunze teaches to increase conductivity in the adhesive layer, an ionic liquid additive such as pyrrolidinium or piperidinium can be added ([0028-0029]). Kunze also teaches adding an ion-supplying material soluble in the polymer will increase conductivity and maintain good mechanical stability during high temperatures ([0031-0033]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to add PMAN, pyrrolidinium or piperidinium, and an ion-supplying material, as taught by Kunze, to the adhesive separating body of Yoo, in order to increase conductivity and maintain stability at high temperatures.
Regarding the limitation “the separating body is free of an additional binder,” the separating body of modified Yoo consists of the claimed crystal growth inhibiting material (Yoo, PVDF), the claimed polymer base material (Kunze, PMAN), the claimed ionic liquid additive (Kunze, pyrrolidinium or piperidinium), and the claimed ion-supplying material (Kunze, lithium salt). Thus, modified Yoo meets the limitation “the separating body is free of an additional binder.”
Modified Yoo does not teach the porous structural reinforcing layer (Yoo, intermediate layer 210) “further includes a deformable electrolyte material which is selected from the group consisting of an ionic liquid, an ionic liquid electrolyte, a liquid electrolyte, and a combination thereof, and the holes of the structural reinforcing layer are filled with the deformable electrolyte material.” However, this limitation is taught by Less.
Less teaches a battery separator comprising a porous ceramic structural reinforcing layer (ceramic nanocomposite separator “NCS” layer 15 has a pore volume fraction of greater than 25% [0033-0040], Figs. 1-3) disposed on one side of a nonporous separating body (nonporous membrane separator 17 is an ionically conducting polymer film [0044]). Less teaches the pores (i.e., the claimed “holes”) of the ceramic structural reinforcing layer are filled with a deformable liquid electrolyte material ([0009], liquid electrolyte permeates the NCS layer(s) 15 and 15' [0034], NCS layer is wetted by electrolyte solvent [0036]), to achieve the purpose of protecting the electrodes while permitting the movement of electrolyte ([0003]). Less teaches the deformable electrolyte material (liquid electrolyte [0034-0035]) is an appropriate electrolyte for a lithium ion battery ([0009]). Examiner notes the primary reference, Yoo, discloses a lithium ion battery, but does not disclose the electrolyte composition.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the holes of the structural reinforcing layer be filled with liquid electrolyte, in the lithium ion battery of modified Yoo, as Less teaches liquid electrolyte permeates and wets a structural reinforcing layer between electrodes in a lithium ion battery.
Modified Yoo also does not teach “a thickness of the separating body is 5 microns-45 microns, and a thickness of the structural reinforcing layer is 5 microns-45 microns” as required by Claim 17. However, this limitation is also taught by Less.
Less teaches a thickness of the separating body (the nonporous separator should have a thickness in the range of about 9 μm to 15 μm [0044]), and a thickness of the structural reinforcing layer (the range of thickness for the NSC layer 15 is about 2 to 16 μm [0045]), both thicknesses being within the claimed range of 5 μm to 45 μm. Less teaches battery separators must be thick enough to prevent dendrite bridging, but not thick enough to increase battery size and negatively affect the internal resistance and efficiency of the battery ([0006]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to optimize the thickness of the separating body and structural reinforcing layer, in the composite separating layer of modified Yoo, and would have been motivated to do so, as Less teaches battery separator membranes within the claimed thickness ranges are thick enough to prevent dendrite bridging, but not thick enough to negatively affect battery efficiency.
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) [MPEP 2144.05].
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al., US 20190044178 A1, and further in view of Cho et al., US 20160372743 A1, and Less et al., US 20090087728 A1.
Regarding Claim 21, Yoo discloses an electrochemical system (lithium ion energy storage device 400 [0041-0046], Fig. 4) comprising:
a first electrode (first active material 415 coupled with the first current collector 405 [0041-0043]);
a second electrode (second active material 420 coupled with the second current collector 410 [0041-0043]); and
a composite separating layer (separator 425 [0041-0046]), the composite separating layer comprising:
a separating body having adhesiveness and without holes (adhesive layer 440b; see description of adhesive layer [0024, 0033-0035]; “without holes” met by adhesive limiting porosity of adjacent layer [0035-0040]); and
a structural reinforcing layer having holes and disposed on one side of the separating body (intermediate layer 435b; see description of intermediate layer as porous [0024, 0026-0032]),
wherein the structural reinforcing layer is composed of an undeformable structural supporting material and a binder (ceramic materials to afford dimensional stability [0026-0032], binder [0028-0031]);
wherein the undeformable structural supporting material of the structural reinforcing layer is an oxide-based solid electrolyte or a passive ceramic material (ceramic materials include oxides of titanium and aluminum [0032]; consistent with TiO2 and Al2O3 as passive ceramic materials in [0025] of the instant published application, US 20210320382 A1); and
wherein the separating body (440b) contacts the first electrode (405/415) to make the separating body and the first electrode be bonded (adhesive layer 440b is positioned to couple a first surface of the separator with electrode active material 415 [0042]).
Yoo discloses the adhesive separating body comprises PVDF or PVDF-HFP ([0019, 0034]), but Yoo does not disclose the separating body is an ion-conductive material that further comprises the claimed cross-linking ether, ion-supplying material, and an additive. However, these are taught by Cho.
Cho teaches an adhesive fluorinated polymer coating such as PVDF or PVDF-HFP has low ionic conductivity ([0073-0080]), but the conductivity can be increased by blending an ether such as polyethylene glycol dimethylether (PEGDME) with the PVDF or PVDF-HFP polymer ([0084]). Cho also teaches ion-supplying materials (lithium salts [0074, 0087]) and additives ([0045-0049, 0081], includes quaternary ammonium salts and FSI- anions) can be used in combination with the blended polymer to increase conductivity within the adhesive layer.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a crosslinking ether, an ion-supplying material, and an additive, as taught by Cho, to the separating body of Yoo, in order to create an ion-conducting adhesive layer with increased conductivity.
Regarding the limitation for the structural reinforcing layer “having a mechanical strength higher than a mechanical strength of the separating body,” Examiner notes the limitation “mechanical strength” is broad, and is described by the instant specification as “does not deform by force” ([0023-0024] of the instant published application). Modified Yoo teaches the amount of ceramic in a separator layer can correspond to the dimensional stability and contribute to a brittle structure of the layer (Yoo, [0018, 0026]). As the structural reinforcing layer of modified Yoo comprises a minimum of 40 wt % ceramic (Yoo, aluminum oxide [0027, 0032]), while the separating body of modified Yoo does not comprise any ceramic, it is the Examiner’s position that the structural reinforcing layer of modified Yoo would have a mechanical strength higher than a mechanical strength of the separating body.
Modified Yoo does not teach the porous structural reinforcing layer (Yoo, intermediate layer 210) “further includes a deformable electrolyte material which is selected from the group consisting of an ionic liquid, an ionic liquid electrolyte, a liquid electrolyte, and a combination thereof, and the holes of the structural reinforcing layer are filled with the deformable electrolyte material.” However, this limitation is taught by Less.
Less teaches a battery separator comprising a porous ceramic structural reinforcing layer (ceramic nanocomposite separator “NCS” layer 15 has a pore volume fraction of greater than 25% [0033-0040], Figs. 1-3) disposed on one side of a nonporous separating body (nonporous membrane separator 17 is an ionically conducting polymer film [0044]). Less teaches the pores (i.e., the claimed “holes”) of the ceramic structural reinforcing layer are filled with a deformable liquid electrolyte material ([0009], liquid electrolyte permeates the NCS layer(s) 15 and 15' [0034], NCS layer is wetted by electrolyte solvent [0036]), to achieve the purpose of protecting the electrodes while permitting the movement of electrolyte ([0003]). Less teaches the deformable electrolyte material (liquid electrolyte [0034-0035]) is an appropriate electrolyte for a lithium ion battery ([0009]). Examiner notes the primary reference, Yoo, discloses a lithium ion battery, but does not disclose the electrolyte composition.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the holes of the structural reinforcing layer be filled with liquid electrolyte, in the lithium ion battery of modified Yoo, as Less teaches liquid electrolyte permeates and wets a structural reinforcing layer between electrodes in a lithium ion battery.
Modified Yoo also does not teach “a thickness of the separating body is 5 microns-45 microns, and a thickness of the structural reinforcing layer is 5 microns-45 microns” as required by Claim 21. However, this limitation is also taught by Less.
Less teaches a thickness of the separating body (the nonporous separator should have a thickness in the range of about 9 μm to 15 μm [0044]), and a thickness of the structural reinforcing layer (the range of thickness for the NSC layer 15 is about 2 to 16 μm [0045]), both thicknesses being within the claimed range of 5 μm to 45 μm. Less teaches battery separators must be thick enough to prevent dendrite bridging, but not thick enough to increase battery size and negatively affect the internal resistance and efficiency of the battery ([0006]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to optimize the thickness of the separating body and structural reinforcing layer, in the composite separating layer of modified Yoo, and would have been motivated to do so, as Less teaches battery separator membranes within the claimed thickness ranges are thick enough to prevent dendrite bridging, but not thick enough to negatively affect battery efficiency.
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) [MPEP 2144.05].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
Prosecution Insights