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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/28/2026 has been entered.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted 6/17/2026 and 8/31/2026 have been considered by the examiner.
Response to Amendment
In response to the amendment received on 8/28/2026:
Claims 1, 3-8, and 10-24 are pending in the current application. Claims 1, 3, and 6-9 have been amended, Claims 14-24 stand withdrawn, and Claims 2, 9, and 25 have been canceled.
The cores of the previous prior art-based rejections have been maintained in light of the amendment. All changes to the rejection were necessitated by the amendment.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Response to Arguments
Applicant's arguments filed 8/28/2026 have been fully considered.
Applicant argues that the process of Cho produces a single layer with a gradient in the coating layer and as such does not produce the two different layers of the present invention.
The examiner respectfully disagrees. The published instant specification states “When the two or more kinds of inorganic particles include the first inorganic particles and the second inorganic particles having a specific gravity difference and form a gradient by the specific gravity difference, so that the thermal resistant coating layer is separated into layers...” (see paragraph [0071] of published instant specification). As such, using the specific gravity difference of the particles, as disclosed by Cho, to form a gradient does result in the formation of separate layers of particles (in Cho the layers would be a layer of primarily inorganic particles and a layer of primarily organic particles).
When the specific gravity separation technique of Cho is used to separate the two types of inorganic particles of Kim (which have different specific gravities so the technique can appropriately be applied), it would result in two different layers of inorganic particles, with higher specific gravity particles at the bottom and lower specific gravity particles at the top. Further, a skilled artisan would understand that combining these teachings would ensure proper separation of the particles (i.e., specific gravity separation helps ensure separation of the differently shaped inorganic particles Kim).
Claim Rejections - 35 USC § 103
Claims 1, 6-8, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. KR-20190110249-A (hereinafter “Kim”) in view of Cho et al. US-20200006733-A1 (hereinafter “Cho”).
Regarding Claim 1, Kim discloses a porous composite separator (composite separator is a porous film) (see paragraphs [0001]-[0002]) comprising:
a polyolefin porous substrate (see paragraphs [0059]-[0060] and [0113]); and
a thermal resistant coating layer (improves thermal stability) formed on one or both surfaces of the porous substrate (see paragraphs [0024], [0031]-[0034], and [0108]),
wherein the thermal resistant coating layer includes a first layer and a second layer, each of the first and second layers include first inorganic particles and second inorganic particles (see paragraphs [0024] and [0031]-[0034]);
wherein the first inorganic particles has a first shape and a first specific gravity, and the second inorganic particles has a second shape different from the first shape and a second specific gravity different from the first specific gravity (the different particles are spherical and angled amorphous and formed of different materials (such as magnesium oxide and aluminum oxide) which have different specific gravities) (see paragraphs [0034]-[0035], [0037], and [0043]-[0045]).
Kim is silent on wherein the first layer includes the first inorganic particles in an amount of 90 to 60% of a total amount of the first inorganic particles, and the second inorganic particles in an amount of 10 to 40% of a total amount of the second inorganic particles, and wherein the second layer includes the first inorganic particles in an amount of 10 to 40% of the total amount of the first inorganic particles, and the second inorganic particles in an amount of 90 to 60% of the total amount of the second inorganic particles.
However, in the same field of endeavor of separators in batteries (electrochemical devices) (see abstract), Cho discloses particles of a coating layer on a porous substrate may be separated via specific gravity to achieve a coating layer that results in one type of particle more present on the surface of the coating layer than on a bottom surface in contact with the porous substrate and the other type of particle more present on a bottom surface in contact with the porous substrate than the surface of the coating layer (see paragraphs [0011], [0034]-[0035], [0039]-[0040], [0042], [0089], and [0108]-[0109]). Cho also teaches when the particles are separated via specific gravity, the particles are settled and floated (see paragraph [0089]), and skilled artisan would understand particles with a higher specific gravity would settle and particles with a lower specific gravity would float, thus separating the particles into layers. As such, the technique taught by Cho can be appropriately applied to the inorganic particles of Kim since they have different specific gravities and form two layers.
Cho further discloses a second type of particle is less present on the bottom surface in contact with the substrate layer of the coating layer than the first (other) particle (see paragraph [0042]). As such, a skilled artisan would expect the lower layer adjacent to one surface of the porous substrate to contain some of the second particles in addition to a majority of the first particles. Cho also discloses the second type of particle is increased from the bottom surface in contact with the substrate layer to the surface layer (see paragraphs [0035]-[0036] and [0042]). As such, a skilled artisan would expect an upper layer adjacent to the lower layer to include the other part of the second particles while still including some of the first particles.
Cho also discloses one type of particle is more present on the surface of the coating layer than on a bottom surface in contact with the porous substrate (i.e. more than 50% of the second type of particle is present on the surface of the coating layer) and the other type of particle is more present on the bottom surface in contact with the porous substrate than the surface of the coating layer (i.e. more than 50% of the first type of particle is present on the bottom surface in contact with the substrate layer of the coating layer) (see paragraphs [0034]-[0036] and [0042]). As such, a lower layer adjacent to one surface of the porous substrate contains greater than 50% of the first particle (the particle that settled) and less than 50% of the second particle (the particle that floated). These ranges substantially overlap and render obvious the claimed ranges of wherein the first layer includes the first inorganic particles in an amount of 90 to 60% of a total amount of the first inorganic particles, and the second inorganic particles in an amount of 10 to 40% of a total amount of the second inorganic particles.
Further, based on the teaching of Cho, an upper layer opposite the surface of the porous substrate would contain less than 50% of the first particle (the particle that settled) and greater than 50% of the second particle (the particle that floated). These ranges substantially overlap and render obvious the claimed ranges of wherein the second layer includes the first inorganic particles in an amount of 10 to 40% of the total amount of the first inorganic particles, and the second inorganic particles in an amount of 90 to 60% of the total amount of the second inorganic particles.
Additionally, Cho discloses the behavior of the particles due the difference in specific gravity allows separate layers to be formed in a sufficiently short time (see paragraphs [0039] and [0115]). As such, a skilled artisan would recognize particle separation via specific gravity is an appropriate technique to separate particles and achieve separate layers.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the porous composite separator disclosed by Kim wherein the coating layer is separated into layers by specific gravity difference of the two or more kinds of particles resulting in the first layer including the first inorganic particles in an amount of 90 to 60% of a total amount of the first inorganic particles, and the second inorganic particles in an amount of 10 to 40% of a total amount of the second inorganic particles, and the second layer including the first inorganic particles in an amount of 10 to 40% of the total amount of the first inorganic particles, and the second inorganic particles in an amount of 90 to 60% of the total amount of the second inorganic particles, as disclosed by Cho, in order to separate particles and achieve separate layers in a sufficiently short time.
Regarding Claim 6, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses wherein the first inorganic particles include spherical inorganic particles and the second particles include angled amorphous inorganic particles (see paragraphs [0034]-[0035], [0037]-[0038], and [0043]-[0045]).
Regarding Claim 7, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses wherein the first or second inorganic particles include inorganic particles having an average particle diameter or a longest length of 100 nm to 2 μm (see paragraph [0039]).
Regarding Claim 8, modified Kim discloses the porous composite separator of claim 7 (see rejection of claim 7 above). Kim further discloses wherein the first inorganic particles include inorganic particles having the average particle diameter or the longest length of 0.7 μm or more (average particle diameter of 1 μm) (see paragraph [0106]) and the second inorganic particles having the average particle diameter or the longest length of 0.7 μm or less (average longest length of the inorganic particles in the second inorganic particle layer slurry was 700 nm) (see paragraph [0127]). A skilled artisan would recognize that 700 nm is 0.7 μm.
Regarding Claim 10, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses the porous composite separator has a thermal shrinkage measured at 160°C of 10% or less (see paragraph [0067]).
Regarding Claim 11, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses the porous composite separator has a gas permeability of 300 sec/100 ml or less measured in accordance with a measurement method of JIS P8117 (see paragraphs [0063] and [0155]).
Regarding Claim 12, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses the porous composite separator has a life capacity retention rate of 80% or more as measured under 2000 charge and discharge cycles of a battery including the porous composite separator (see paragraphs [0096] and [0156]).
Regarding Claim 13, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses a lithium secondary battery comprising the aforementioned porous composite separator of claim 1 (see paragraphs [0001] and [0011]).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Cho as evidenced by Plastics Additives Database, 2004, William Andrews Publishing/ Plastics Design Library, All Additives Table (hereinafter “Plastics Additives Database”) and Dictionary of Substances and Their Effects, 2005, DOSE, 3rd Electronic Edition, Physical Constants of Chemical Substances Table (hereinafter “Dictionary of Substances”).
Regarding Claims 3 and 4, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses using magnesium oxide as the first inorganic particles and aluminum hydroxide as the second inorganic particles (see paragraphs [0037] and [0043]-[0045]).
Kim is silent on the wherein first inorganic particles and second inorganic particles have a specific gravity difference of 0.5 g/cm3 or more, the first inorganic particles have a specific gravity of more than 3 g/cm3 and 6 g/cm3 or less, and the second inorganic particles have a specific gravity of 1 g/cm3 or more and 3 g/cm3 or less.
However, it will be shown through the teachings of Plastics Additives Database and Dictionary of Substances that the porous composite separator of Kim necessarily has first inorganic particles and second inorganic particles with a specific gravity difference of 0.5 g/cm3 or more and the first inorganic particles with a specific gravity of more than 3 g/cm3 and 6 g/cm3 or less, and second inorganic particles with a specific gravity of 1 g/cm3 or more and 3 g/cm3 or less.
In Plastics Additives Database, it is disclosed that magnesium oxide has a specific gravity of 3.500-3.600 (see All Additives Table). This falls within and therefore anticipates the claimed range of a first particle having a specific gravity of more than 3 g/cm3 and 6 g/cm3 or less.
Additionally, in Dictionary of Substances, it is disclosed that aluminum hydroxide has a specific gravity of 2.42 (see Physical Constants of Chemical Substances Table). This falls within and therefore anticipates the claimed range of a second particle having a specific gravity of 1 g/cm3 or more and 3 g/cm3 or less.
Furthermore, based on the teachings of Plastics Additives Database and Dictionary of Substances, the difference between the specific gravity of the first inorganic particles and second inorganic particles is 1.08-1.18. This falls within and therefore anticipates the claimed range of the first inorganic particles and second inorganic particles having a specific gravity difference of 0.5 g/cm3 or more.
Therefore, since the porous composite separator disclosed by Kim comprises a first inorganic particle of magnesium oxide, which has a specific gravity of 3.500-3.600 as disclosed by Plastics Additives Database, and a second inorganic particle of aluminum hydroxide, which has a specific gravity of 2.42 as disclosed by Dictionary of Substances, it necessarily meets the claimed ranges of first inorganic particles and second inorganic particles having a specific gravity difference of 0.5 g/cm3 or more and the first inorganic particles having a specific gravity of more than 3 g/cm3 and 6 g/cm3 or less, and the second inorganic particles having a specific gravity of 1 g/cm3 or more and 3 g/cm3 or less.
Regarding Claim 5, modified Kim discloses the porous composite separator of claim 3 (see rejection of claim 3 above). Kim further discloses the first inorganic particles are any one or a mixture of two or more selected from alumina, titanium oxide, barium titanium oxide, and magnesium oxide (see paragraph [0037]) and the second inorganic particles are any one or a mixture of two or more selected from boehmite, aluminum hydroxide, magnesium hydroxide, and silica (see paragraphs [0043]-[0045]).
Conclusion
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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