DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation “the first particle-type second binder of the second adhesive laver” (emphasis added) in line 18. Given the first particle-type second binder is associated with the first adhesive laver per line 9 as well as the final limitation in claim 1 toward size, this appears to be a clerical error. For the purposes of examination, the limitation is being read to be of the first adhesive layer.
Appropriate correction is required.
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, 3, 6-8, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over KIM (US 20190280274 A1) in view of MACHIDA (US 20240234959 A1) in view of SASAKI (US 20200144562 A1).
Regarding claim 1, KIM discloses a separator comprising: a porous substrate (“porous substrate” [0030]); a first coating layer on a surface of the porous substrate (“a coating layer on at least one surface of the substrate” [0014]),
the first coating layer comprising an organic particle having a melting point (Tm) in a range of about 100°C to about 130°C (“third organic particles may have a melting point (Tm) of about 100° C. to about 130° C” [0067]),
a particle-type boehmite (“the coating layer further comprises inorganic particles comprising at least one selected from the group consisting of boehmite”, claim 11),
and a first binder (“the coating layer may further include an organic binder polymer” [0070]);
a first adhesive layer on another surface of the porous substrate (“an aqueous dispersion solution of an aqueous binder compound may be coated on the slurry to form an adhesive layer” [0079]), the first adhesive layer having a glass transition temperature (Tg) of 50°C or higher, and comprising a first particle-type second binder (“aqueous binder including acrylate (e.g., an acrylate polymer) and/or styrene (e.g., a styrene polymer)” [0072] with specific examples such as “polyvinylpyrrolidone” [0072] wherein these binders match those of instant paragraph [0095] and have a glass transition temperature meeting the limitation as noted by the instant in [0095] and instant claim 15);
and a second adhesive layer on the first coating layer (“an aqueous dispersion solution of an aqueous binder compound may be coated on the slurry to form an adhesive layer” [0079] as well as “the coating layer may be positioned (present) on both (each of the two) surfaces of the substrate” [0059]), the second adhesive layer having a glass transition temperature (Tg) of 50°C or higher, and comprising a second particle- type second binder (“an aqueous binder including acrylate (e.g., an acrylate polymer) and/or styrene (e.g., a styrene polymer)” [0072] with specific examples such as “polyvinylpyrrolidone” [0072] wherein these binders match those of instant paragraph [0095] and have a glass transition temperature meeting the limitation as noted by the instant in [0095] and instant claim 15).
KIM further discloses a ceramic particle (“the inorganic particles may be one or more selected from boehmite, alumina (Al2O3), BaSO4, MgO, Mg(OH)2, clay (a clay mineral such as kaolinite, dickite, halloysite, nacrite, montmorillonite, nontronite, beidellite, saponite, etc.), silica (SiO2), and TiO2 (titania)” [0059], wherein the list of particles in KIM aligns with that of instant claim 3 and instant paragraph [0031]; notably KIM discloses the inorganic particles may be a plurality of different components: “one or more” [0059] and “combination thereof” [0059]). KIM does not expressly teach the ceramic particles is needle-shaped.
MACHIDA is directed to a separator with a porous substrate, coating layer, and inorganic particles, like KIM. MACHIDA discloses the use of ceramics such as “alumina, silica, titania, … boehmite, … kaolinite, dickite, nacrite” [0089] as well as others that align with KIM. MACHIDA discloses the use of “needle-shaped” [0090] and further teaches that “a plurality of inorganic fillers having a shape described above may be used in combination” [0090]. MACHIDA teaches the selection of shape aspect ratio is beneficial for “reducing the moisture adsorption … to thereby suppress degradation of the capacity when cycles are repeated and … suppressing deformation” [0091].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to select from the finite shapes presented by MACHIDO for the ceramic particles of KIM in order to reduce moisture absorption and degradation.
Therefore, modified KIM discloses a needle-shaped ceramic particle (as taught by MACHIDA).
KIM discloses the use of “the coating layer may further include an organic binder polymer to enhance the binding of the second organic particles functioning as a filler” [0070]. KIM does not expressly teach the binder comprises a sulfonate-based compound or an acrylamide-based compound.
SASAKI is directed to substrate and adhesive layers for a lithium-ion battery, like KIM. SASAKI discloses inclusion of “a polyester resin, an acrylic resin, a polyurethane resin, an epoxy resin, and an acrylic grafted polyester resin” [0036]. Regarding acrylamide, SASAKI further discloses this includes “amide group-containing monomers, such as acrylamide, methacrylamide, …” [0044]. Regarding sulfonate, SASAKI discloses “the polyester resin is preferably a copolyester in which a copolymerization component is introduced for lowering of the glass transition temperature … selected from the group consisting of a sulfonic acid group“ [0038] as well as “other monomers that can be used include: epoxy group-containing monomers such as allyl glycidyl ether; sulfonate groups such as styrene sulfonic acid, vinyl sulfonic acid and salts thereof” [0045].
SASAKI teaches inclusion of these resins can “improve adhesion between the substrate layer and the adhesive layer, and tends to further improve the deep drawing properties” [0036].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the resins of SASAKI in the coating layer of KIM in order to improve adhesion and deep drawing properties.
Therefore, modified KIM discloses the first binder comprises a sulfonate-based compound, an acrylamide-based compound, a derivative thereof, a copolymer thereof, a mixture thereof, or a combination thereof (as taught by SASAKI).
Regarding the first binder having a melting point 40°C higher than the melting point of the organic particle, because modified KIM discloses the first binder as taught by SASAKI matching that of the instant as well as KIM’s organic particle “polyethylene wax” [0069] matching that of the instant paragraph [0057], the respective melting point properties therefore read on the claimed limitation.
KIM discloses the first particle-type second binder of the first adhesive laver comprises at least one selected from … polyvinyl pyrrolidone ("polyvinylpyrrolidone" [0072]). Although control of particle sizing is well within the capabilities of one of ordinary skill in the art, KIM does not expressly teach the particle size of PVP.
MACHIDA is directed to a separator with a porous substrate, coating layer, and inorganic particles, like KIM. MACHIDA discloses the use of “polyvinylpyrrolidone (PVP)” [0117] as a binder, like KIM, and that the binder diameter is “preferably from 10 to 500 nm from the viewpoint of binding force and permeability” [0110]. MACHIDA teaches that when the diameter is above the minimum “the pores of the layer (A) are prevented from being excessively blocked, and the permeability tends to be improved” [0110]; and when below the maximum “the binding force is prevented from decreasing, and the heat resistance tends to be improved” [0110].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to select a size for the binder that does not interfere with permeability and has sufficient binding force.
Therefore, modified KIM discloses an average particle diameter of the first particle-type second binder in the first adhesive layer is in a range of about 100 nanometers (nm) to about 800 nm (as taught by MACHIDA).
Regarding claim 3, modified KIM discloses all the claim limitations as set forth above and KIM as well as MACHIDA further discloses the needle-shaped ceramic particle is at least one selected from alumina (Al203), boehmite, BaSO4, MgO, Mg(OH)2, clay, SiO2, TiO2, ZnO, CaO, attapulgite, and 10SiO2-2Al203-Fe2O3-2MgO (KIM: “the inorganic particles may be or include … boehmite, alumina (Al2O3), BaSO4, MgO, Mg(OH)2, clay (a clay mineral such as kaolinite, dickite, halloysite, nacrite, montmorillonite, nontronite, beidellite, saponite, etc.), silica (SiO2), and TiO2 (titania)” [0059]; MACHIDA discloses a similar list or particles reading on the claim in paragraph [0089]).
Regarding claim 6, modified KIM discloses all the claim limitations as set forth above and KIM further discloses a second coating layer between the porous substrate and the first adhesive layer (“the coating layer may be positioned (present) on both (each of the two) surfaces of the substrate” [0059]), the second coating layer comprising an organic particle having a melting point (Tm) in a range of about 100°C to about 130°C, a particle-type boehmite, a needle-shaped ceramic particle, and a second binder.
Regarding claim 7, modified KIM discloses all the claim limitations as set forth above and KIM further discloses the organic particle is at least one selected from polyethylene (PE) wax, polypropylene (PP) wax, polystyrene (PS), polyvinylidene fluoride (PVDF), polymethyl methacrylate (PMMA), an acrylate-based compound, polyacrylonitrile (PAN), an azodicarbonamide-based compound, a derivative thereof, a copolymer thereof, and a mixture thereof (“polyethylene wax” [0069]).
Regarding claim 8, modified KIM discloses all the claim limitations as set forth above and KIM further discloses the organic particle is polyethylene (PE) wax (“polyethylene wax” [0069]).
Regarding claim 12, modified KIM discloses all the claim limitations as set forth above and KIM further discloses a thickness of the first coating layer is in a range of about 0.1 µm to about 5.0 µm (“A single (each) coating layer may have a thickness of about 0.3 μm to about 3.0 μm” [0060]).
Regarding claim 13, KIM discloses “an aqueous dispersion solution of an aqueous binder compound may be coated on the slurry to form an adhesive layer” [0079]. Although control of the adhesive layer thickness is well within the capabilities of PHOSITA, KIM does not expressly teach the layer has a thickness in a range of about 0.1 µm to about 5 µm.
SASAKI discloses “the thickness of the adhesive layer 13 is … more preferably in the range of 2 μm to 6 μm” [0070].
SASAKI teaches this thickness is advantageous from the “perspective of obtaining desired adhesive strength, conformability, processability, and the like” [0070].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to size the adhesive layer of KIM to that taught by SASAKI in order to obtain the desired strength and conformability.
Modified KIM therefore discloses a thickness of each of the first adhesive layer and the second adhesive layer is in a range of about 0.1 μm to about 5 μm (as taught by SASAKI).
Regarding claims 14 and 15, as discussed in the rejection of claim 1, KIM discloses an adhesive layer [0079] on the coating layer which “may be positioned (present) on both (each of the two) surfaces of the substrate” [0059]. As such the rejections of the limitations in claims 14 and 15 toward the second particle-type second binder in the second adhesive layer are the same as those discussed in the rejection of claim 1 above toward the first particle-type second binder in the first adhesive layer.
Regarding claim 16, modified KIM discloses all the claim limitations as set forth above and KIM further discloses a lithium battery comprising: a positive electrode; a negative electrode; and the separator according to claim 1 (“A lithium battery comprising: a positive electrode; a negative electrode; and the separator”, claim 19).
Claims 2, 4-5, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over KIM in view of MACHIDO in view of SASAKI in view of YOON (US 20190131604 A1).
Regarding claim 2, KIM discloses “the coating layer may further include inorganic particles” [0058]. KIM does not expressly teach a content of the needle-shaped ceramic particle is in a range of about 1 part to about 30 parts by weight, based on 100 parts by weight of a total weight of the particle-type boehmite and the needle-shaped ceramic particle.
YOON is directed to a separator with a porous substrate, coating layer, and inorganic particles, similar to KIM.
YOON discloses the use “boehmite particles with non-boehmite particles” [0020]. YOON further discloses the non-boehmite particles include a number of particles including MgO, TiO2, ZnO, CaO, and Al2O3 [0069], which notably overlap with those of the instant given in instant paragraph [0031]. YOON further discloses “the weight ratio of the non-boehmite particles to the boehmite particles may be 1:99-99:1” [0073].
YOON teaches “non-boehmite particles are used in combination with boehmite particles having a smaller particle diameter as compared to the non-boehmite particles” [0078] and advantageously that it is “possible to reduce the total weight of a separator” [0082] and “possible to improve the density and mechanical properties of a porous coating layer significantly and to inhibit heat shrinking of a porous substrate, and thus to prevent an internal short-circuit of an electrochemical device” [0082]. YOON further teaches with the control of the weight ratio “it is not required to increase the amount of binder polymer … the dispersion stability or processability of a coating composition for forming a porous coating layer is improved significantly, a porous coating layer having a uniform thickness can be formed, and the porosity of a porous coating layer can be controlled with ease” [0074].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the teaching of YOON to adjust the ratio of larger non-boehmite particles to smaller boehmite particles of KIM in order to reduce weight, improve density, provide a coating with uniform thickness, and control porosity with ease.
Therefore, modified KIM discloses a content of the needle-shaped ceramic particle is in a range of about 1 part to about 30 parts by weight, based on 100 parts by weight of a total weight of the particle-type boehmite and the needle-shaped ceramic particle (as taught by YOON).
Regarding claim 4, KIM discloses “the coating layer may further include inorganic particles” [0058]. KIM does not expressly teach an average particle size of the needle-shaped ceramic particle is in a range of about 1 micrometer (µm) to about 20 µm, and an aspect ratio of the needle-shaped ceramic particle is in a range of about 1 to about 100.
YOON discloses “the non-boehmite particles may have an average particle diameter of 0.3-3 μm”.
YOON teaches that with the particle sizing it “is possible to control the size of pores of the resultant porous coating layer” [0077] and to “prevent an internal short-circuit during charging and discharging of a battery by improving the density of the porous coating layer and inhibiting a heat shrinking phenomenon” [0077].
YOON further teaches “it is possible to control the aspect ratio or particle diameter by controlling the preparing condition”.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the particle sizing of YOON for the non-boehmite particles of KIM in order to control pore size and improve density.
MACHIDA discloses “aspect ratio of the inorganic filler is preferably 1.0 or more and 3.0 or less” [0091].
MACHIDA teaches the ratio is advantageous to “suppress degradation …and …deformation” [0091].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to control the aspect ratio of the inorganic particles in modified KIM to the range given by MACHIDA in order to suppress degradation and deformation.
Therefore, modified KIM discloses an average particle size of the needle-shaped ceramic particle is in a range of about 1 micrometer (µm) to about 20 µm (as taught by YOON) and an aspect ratio of the needle-shaped ceramic particle is in a range of about 1 to about 100 (as taught by MACHIDA).
Regarding claim 5, KIM discloses “the coating layer may further include inorganic particles” [0058]. KIM does not expressly teach an average particle diameter of the particle-type boehmite is in a range of about 0.1 µm to about 1.0 µm.
YOON discloses “the boehmite particles may have an average particle diameter … more particularly 0.09-1 μm” [0076].
YOON teaches that with the particle sizing it “is possible to control the size of pores of the resultant porous coating layer” [0077] and to “prevent an internal short-circuit during charging and discharging of a battery by improving the density of the porous coating layer and inhibiting a heat shrinking phenomenon” [0077].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the particle sizing of YOON for the boehmite particles of KIM in order to control pore size and improve density.
Therefore, modified KIM discloses an average particle diameter of the particle-type boehmite is in a range of about 0.1 µm to about 1.0 µm (as taught by YOON).
Regarding claim 11, KIM discloses “the coating layer may further include inorganic particles” [0058]. KIM does not expressly teach a total content of the particle- type boehmite and the needle-shaped ceramic particle is in a range of about 20 to about 50 parts by weight, based on 100 parts by weight of the organic particle.
YOON discloses “the weight ratio between the boehmite particles and the binder polymer may be 1:1-1:5” [0071]). YOON further discloses the “binder polymer is any one selected from the group consisting of polyvinylidene fluoride-co-hexafluoropropylene” as well as other polymers aligning with the list of organic particles given by the instant in paragraph [005] and claim 7.
YOON teaches when the ratio is too low “binding between boehmite particles and the substrate is insufficient, thereby causing separation” [0072] and that when the ratio is too high “an excessive amount of binder polymer is present to cause a decrease in pore size and porosity of the porous coating layer and an increase in resistance of the separator, which may result in degradation of the performance of a battery” [0072].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the inorganic to organic binder ratios of YOON for the ratio of KIM in order to not allow separation while also not degrading performance.
Therefore, modified KIM discloses a total content of the particle- type boehmite and the needle-shaped ceramic particle is in a range of about 20 to about 50 parts by weight, based on 100 parts by weight of the organic particle (as taught by YOON).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over KIM in view of MACHIDO in view of SASAKI in view of NAKAGAWA (US 20030064282 A1).
Regarding claim 10, KIM discloses the use of a polymer binder. However, Kim does not expressly teach the first binder is at least one selected from poly(acrylic acid-co-acrylamide-co-2-acrylamido-2-methylpropane sulfonic acid)sodium salt, poly(acrylic acid acryl amide acryl amido sulfonic acid), and a salt of poly(acrylic acid acryl amide acryl amido sulfonic acid).
NAKAGAWA is directed to a separator with a crosslinked material layer formed on a porous material, similar to KIM.
NAKAGAWA discloses “bifunctional or higher unsaturated monomer exemplified above may comprise a monofunctional monomer incorporated therein for the purpose of adjusting the physical properties” [0054] and the use of “unsaturated sulfonic acids {styrenesulfonic acid, acrylamido-2-methylpropanesulfonic acid, etc.}, salts thereof” [0054].
NAKAGAWA teaches the material “exhibits an excellent durability against high temperature and repetition of temperature change and can stably maintain its structure over an extended period of time” [0060].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the binder of KIM for that of NAKAGAWA because of the excellent durability against high temperature.
Response to Arguments
Regarding art-based rejections, applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any interpretation applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon considered pertinent to applicant's disclosure (previously cited):
Saeki (US 20190305278 A1) directed to a separator for a nonaqueous electrolyte battery comprising inorganic particles. Including an example involving mixing calcium silicate and boehmite at a weight ratio of 1:9 [0314].
ZHAO (“Synthesis method for silica needle-shaped nano-hollow structure”, Materials Letters, Volume 62, Issue 19, 2008, Pages 3401-3403) directed to the particle shape of silica.
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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