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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/26/2026 has been entered.
Response to Arguments
The declaration under 37 CFR 1.132 filed 02/26/2026 is insufficient to overcome the rejection of claims based upon 35 U.S.C. 103 in view of Ozaki as set forth in the last Office action because:
The newly provided Examples appear to show that increasing the total amount of alkali and alkaline earth metals increases capacity retention until the total amount of metals reaches a certain threshold. The Comparative Examples in which either the alkali metal (Added Comparative Example 2-T) or the alkaline earth metal (Added Comparative Example 4) is included in an amount higher than claimed both include a total of 6% by mass of the metal elements, while the Added Examples include at most a total of 4% by mass of the metal elements. It is therefore unclear that the capacity retention is a result of the claimed ranges “0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal” or merely the total amount of metal elements included. A skilled artisan could therefore arrive at the claimed amounts based on Ozaki, who teaches 0.2 to 5% by mass of the alkali and/or alkaline earth metals.
Further, the allegedly unexpected results are directed towards capacity retention of a battery having a specific positive and negative electrode, separator, and electrolyte solution, which are not required by claims. For at least these reasons, the claims appear to be broader than the showing of evidence.
The rejections of record are therefore maintained.
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, 4-6, 9-11, and 14-25 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2017/0338461 A1, cited in the office action mailed 04/28/2025) in view of Nishimura (EP 1120850 A1, cited in the Office Action mailed 04/28/2025) and Ozaki (US 2019/0031522 A1, cited in the IDS filed 16 December 2021).
Regarding claim 1, Seo discloses an electrode (40/60, FIG. 2, [0093]) for a secondary battery (100, FIG. 2, [0093]) comprising: a protective layer (heat resistance layer 30, FIG. 1, [0032]) provided on a surface thereof (the protective layer is provided on a surface a separator 10, [0032]), the protective layer (30) including inorganic particles (filler, [0037]) comprised of a metal compound (metal oxide, metal hydroxide, or metal fluoride, [0037]), and a resin component (acryl-based copolymer, [0036]), wherein the metal compound is titanium oxide ([0037]).
Seo does not disclose wherein the metal compound contains at least one of 0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal.
Nishimura teaches an electrode for a secondary battery ([0005]), comprising a metal compound (capturing agent, [0005]), wherein the metal compound is titanium oxide and contains an alkaline earth metal ([0024]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added an alkaline earth metal to the metal compound in the protective layer of Seo, because Nishimura teaches that including the alkaline earth metal can prevent a reduction in battery capacity ([0012]) because it can remove impurity ions and capture protons evolved from hydrogen fluoride ([0024]), which form in the secondary battery due to decomposition of the electrolyte.
Seo in view of Nishimura does not disclose wherein the metal compound contains at least one of 0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal.
Ozaki teaches an electrode for a secondary battery ([0016]), comprising: a protective layer (porous film, [0016]) provided on a surface thereof, the protective layer including inorganic particle comprised of a metal compound (alumina, [0016]), and a resin component (binder, [0013]), wherein the metal compound contains at least 0.2% to 5% by mass (200 to 50,000 ppm, [0031]-[0032]) of an alkali metal (K) and/or an alkaline earth metal (Mg, Ca, Sr, or Ba) ([0030]).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the metal compound of Seo in view of Nishimura to include 0.1 to 4% by mass of the alkaline earth metal because Ozaki teaches that the alkaline earth metal should be included in an amount high enough to improve electrolyte stability (by preventing side reactions cause by hydrogen fluoride, [0006]) but not so high as to cause agglomeration of the inorganic particles ([0032]). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [MPEP § 2144.05(II)A].
Regarding claim 4, Seo in view of Nishimura and Ozaki teaches wherein the protective layer includes at least one selected from the group consisting of acrylic resin (Seo: examples 1-8, [0115]-[0122]), polyvinylidene fluoride, and hexafluoropropylene as the resin component (Seo: [0078]).
Regarding claim 5, Seo in view of Nishimura and Ozaki teaches wherein the protective layer includes polyacrylonitrile as the resin component (Seo: synthesis examples 1-8 [0115]-[0122]).
Regarding claim 6, Seo discloses a separator (10, FIG. 1, [0032]) for a secondary battery (100, FIG. 2, [0093]), comprising: a protective layer (heat resistance layer 30, FIG. 1, [0032]) provided on a surface thereof (FIG. 1), the protective layer (30) including inorganic particles (filler, [0037]) comprised of a metal compound (metal oxide, metal hydroxide, or metal fluoride, [0037]), and a resin component (acryl-based copolymer, [0036]), wherein the metal compound is titanium oxide ([0037]).
Seo does not disclose wherein the metal compound contains at least one of 0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal.
Nishimura teaches a separator for a secondary battery ([0005]), comprising a metal compound (capturing agent, [0005]), wherein the metal compound is titanium oxide and contains an alkaline earth metal ([0024]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added an alkaline earth metal to the metal compound in the protective layer of Seo, because Nishimura teaches that including the alkaline earth metal can prevent a reduction in battery capacity ([0012]) because it can remove impurity ions and capture protons evolved from hydrogen fluoride ([0024]), which form in the secondary battery due to decomposition of the electrolyte ([0012]).
Seo in view of Nishimura does not disclose wherein the metal compound contains at least one of 0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal.
Ozaki teaches a separator for a secondary battery ([0016]), comprising: a protective layer (porous film, [0016]) provided on a surface thereof, the protective layer including inorganic particle comprised of a metal compound (alumina, [0016]), and a resin component (binder, [0013]), wherein the metal compound contains at least 0.2% to 5% by mass (200 to 50,000 ppm, [0031]-[0032]) of an alkali metal (K) or an alkaline earth metal (Mg, Ca, Sr, or Ba) ([0030]).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the metal compound of Seo in view of Nishimura to include 0.1 to 4% by mass of the alkaline earth metal because Ozaki teaches that the alkaline earth metal should be included in an amount high enough to improve electrolyte stability (by preventing side reactions cause by hydrogen fluoride, [0006]) but not so high as to cause agglomeration of the inorganic particles ([0032]). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [MPEP § 2144.05(II)A].
Regarding claim 9, Seo in view of Nishimura and Ozaki teaches wherein the protective layer includes at least one selected from the group consisting of acrylic resin (Seo: examples 1-8, [0115]-[0122]), polyvinylidene fluoride, and hexafluoropropylene as the resin component (Seo: [0078]).
Regarding claim 10, Seo in view of Nishimura and Ozaki teaches wherein the protective layer includes polyacrylonitrile as the resin component (Seo: synthesis examples 1-8 [0115]-[0122]).
Regarding claim 11, Seo discloses a secondary battery (100, FIG. 2, [0093]), comprising: a positive electrode (40, FIG. 2, [0093]); a negative electrode (60, FIG. 2, [0093]); and a separator (10, FIG. 2, [0032]), wherein a protective layer (heat resistance layer 30, FIG. 1, [0032]) including inorganic particles (filler, [0037]) comprised of a metal compound (metal oxide, metal hydroxide, or metal fluoride, [0037]), and a resin component (acryl-based copolymer, [0036]) is provided on a surface of the positive electrode (40), the negative electrode (60), or the separator (10) (the protective layer is provided on a surface a separator 10, [0032]; the separator is interposed between the positive 40 and negative 60 electrodes, [0093], and therefore the protective layer is provided on a surface of each electrode), and the metal compound is titanium oxide ([0037]).
Seo does not disclose wherein the metal compound contains at least one of 0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal.
Nishimura teaches an electrode and a separator for a secondary battery ([0005]), comprising a metal compound (capturing agent, [0005]), wherein the metal compound is titanium oxide and contains an alkaline earth metal ([0024]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added an alkaline earth metal to the metal compound in the protective layer of Seo, because Nishimura teaches that including the alkaline earth metal can prevent a reduction in battery capacity ([0012]) because it can remove impurity ions and capture protons evolved from hydrogen fluoride ([0024]), which form in the secondary battery due to decomposition of the electrolyte.
Seo in view of Nishimura does not disclose wherein the metal compound contains at least one of 0.001 to 2% by mass of an alkali metal and 0.1 to 4% by mass of an alkaline earth metal.
Ozaki teaches an electrode and a separator for a secondary battery ([0016]), comprising: a protective layer (porous film, [0016]) provided on a surface thereof, the protective layer including inorganic particle comprised of a metal compound (alumina, [0016]), and a resin component (binder, [0013]), wherein the metal compound contains at least 0.2% to 5% by mass (200 to 50,000 ppm, [0031]-[0032]) of an alkali metal (K) and an alkaline earth metal (Mg, Ca, Sr, or Ba) ([0030]).
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the metal compound of Seo in view of Nishimura to include 0.1 to 4% by mass of the alkaline earth metal because Ozaki teaches that the alkaline earth metal should be included in an amount high enough to improve electrolyte stability (by preventing side reactions cause by hydrogen fluoride, [0006]) but not so high as to cause agglomeration of the inorganic particles ([0032]). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [MPEP § 2144.05(II)A].
Regarding claim 14, Seo in view of Nishimura and Ozaki teaches wherein the protective layer includes at least one selected from the group consisting of acrylic resin (Seo: examples 1-8, [0115]-[0122]), polyvinylidene fluoride, and hexafluoropropylene as the resin component (Seo: [0078]).
Regarding claim 15, Seo in view of Nishimura and Ozaki teaches wherein the protective layer includes polyacrylonitrile as the resin component (Seo: synthesis examples 1-8 [0115]-[0122]).
Regarding claim 16, Seo in view of Nishimura and Ozaki teaches wherein the protective layer is provided on a surface of the positive electrode or the separator and is interposed between the positive electrode and the separator (Seo: the protective layer is provided on a surface a separator 10, [0032]; the separator is interposed between the positive 40 and negative 60 electrodes, [0093]).
Regarding claim 17, Seo in view of Nishimura and Ozaki does not disclose wherein the metal compound contains both the alkali metal and the alkaline earth metal.
However, Ozaki further teaches wherein the metal compound includes 0.001 to 2% by mass (overlapping range of 200 to 50,000 ppm by mass, [0030]) of an alkali metal (K) and the alkaline earth metal (Mg, Ca, Sr, or Ba) ([0030]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added 0.001 to 2% by mass of an alkali metal to the metal compound of Seo in view of Nishimura and Ozaki because Ozaki teaches that the alkali metal (K) and alkaline earth metal (Mg, Ca, Sr, or Ba) elements prevent electrolyte solution degradation when used alone or in combination ([0032]) and presents a finite number of elements that have this effect (K, Mg, Ca, Sr, Ba, and La, [0030]).
Further, Ozaki teaches that the alkali earth metal should be included in an amount high enough to improve electrolyte stability but not so high as to cause agglomeration of the inorganic particles ([0032]).
Regarding claim 18, Seo in view of Nishimura and Ozaki does not disclose wherein the metal compound contains both the alkali metal and the alkaline earth metal.
However, Ozaki teaches wherein the metal compound includes 0.001 to 2% by mass (overlapping range of 200 to 50,000 ppm by mass, [0030]) of an alkali metal (K) and the alkaline earth metal (Mg, Ca, Sr, or Ba) ([0030]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added 0.001 to 2% by mass of an alkali metal to the metal compound of Seo in view of Nishimura and Ozaki because Ozaki teaches that the alkali metal (K) and alkaline earth metal (Mg, Ca, Sr, or Ba) elements prevent electrolyte solution degradation when used alone or in combination ([0032]) and presents a finite number of elements that have this effect (K, Mg, Ca, Sr, Ba, and La, [0030]).
Further, Ozaki teaches that the alkali earth metal should be included in an amount high enough to improve electrolyte stability but not so high as to cause agglomeration of the inorganic particles ([0032]).
Regarding claim 19, Seo in view of Nishimura and Ozaki does not disclose wherein the metal compound contains both the alkali metal and the alkaline earth metal.
However, Ozaki teaches wherein the metal compound includes 0.001 to 2% by mass (overlapping range of 200 to 50,000 ppm by bass, [0030]) of an alkali metal (K) and the alkaline earth metal (Mg, Ca, Sr, or Ba) ([0030]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added 0.001 to 2% by mass of an alkali metal to the metal compound of Seo in view of Nishimura and Ozaki because Ozaki teaches that the alkali metal (K) and alkaline earth metal (Mg, Ca, Sr, or Ba) elements prevent electrolyte solution degradation when used alone or in combination ([0032]) and presents a finite number of elements that have this effect (K, Mg, Ca, Sr, Ba, and La, [0030]).
Further, Ozaki teaches that the alkali earth metal should be included in an amount high enough to improve electrolyte stability but not so high as to cause agglomeration of the inorganic particles ([0032]).
Regarding claim 20, Seo in view of Nishimura and Ozaki teaches wherein the metal compound is titanium oxide (see rejection of claim 1).
Regarding claim 21, Seo in view of Nishimura and Ozaki teaches wherein the metal compound is titanium oxide (see rejection of claim 6).
Regarding claim 22, Seo in view of Nishimura and Ozaki teaches wherein the metal compound is titanium oxide (see rejection of claim 11).
Regarding claim 23, Seo in view of Nishimura and Ozaki does not teach wherein the metal compound contains at least one of 0.001 to 1% by mass of the alkali metal and 0.5 to 4% by mass of the alkaline earth metal.
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the metal compound of Seo in view of Nishimura to include 0.5 to 4% by mass of the alkaline earth metal because Ozaki teaches that the alkaline earth metal should be included in an amount high enough to improve electrolyte stability (by preventing side reactions cause by hydrogen fluoride, [0006]) but not so high as to cause agglomeration of the inorganic particles ([0032]). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [MPEP § 2144.05(II)A].
Regarding claim 24, Seo in view of Nishimura and Ozaki does not teach wherein the metal compound contains at least one of 0.001 to 1% by mass of the alkali metal and 0.5 to 4% by mass of the alkaline earth metal.
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the metal compound of Seo in view of Nishimura to include 0.5 to 4% by mass of the alkaline earth metal because Ozaki teaches that the alkaline earth metal should be included in an amount high enough to improve electrolyte stability (by preventing side reactions cause by hydrogen fluoride, [0006]) but not so high as to cause agglomeration of the inorganic particles ([0032]). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [MPEP § 2144.05(II)A].
Regarding claim 25, Seo in view of Nishimura and Ozaki does not teach wherein the metal compound contains at least one of 0.001 to 1% by mass of the alkali metal and 0.5 to 4% by mass of the alkaline earth metal.
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the metal compound of Seo in view of Nishimura to include 0.5 to 4% by mass of the alkaline earth metal because Ozaki teaches that the alkaline earth metal should be included in an amount high enough to improve electrolyte stability (by preventing side reactions cause by hydrogen fluoride, [0006]) but not so high as to cause agglomeration of the inorganic particles ([0032]). It has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [MPEP § 2144.05(II)A].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE C. DISNEY whose telephone number is (703)756-1076. The examiner can normally be reached M-F 8:30-5:30 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, Tiffany Legette-Thompson can be reached at (571) 270-7078. 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.
/C.C.D./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723