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.
Response to Amendment
In response to the amendment received on 1/21/2026:
Claims 1-25 are pending in the current application. Claims 1, 2, and 25 have been amended and Claims 14-24 stand withdrawn.
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 1/21/2026 have been fully considered.
Applicant argues that neither reference discloses layer separation by applying both specific gravity and shape differences between the inorganic particles as in the present invention.
The examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Kim discloses the coating layer is separated into layers by differences in shape (spherical and amorphous) of the two or more kinds of inorganic particles (see paragraphs [0034]-[0035], [0037] and [0043]). Cho discloses particles of a coating layer on a porous substrate may be separated via specific gravity (see paragraphs [0011], [0034]-[0035], [0039]-[0040], [0042], [0089], and [0108]-[0109]), and a skilled artisan is capable of applying this specific gravity separation to the inorganic particles of Kim (the inorganic particles are different materials and have different specific gravities). As such, the combination of Kim and Cho discloses the layer separation by both specific gravity and shape differences between the inorganic particles as in the present invention.
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 1-2, 6-13, and 25 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 two or more kinds of inorganic particles and the two or more kinds of inorganic particles are separated into layers (see paragraphs [0024] and [0031]-[0034]).
Kim is silent on the thermal resistant coating layer being separated into layers by specific gravity difference of the two or more kinds of 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 the bottom surface (see paragraphs [0011], [0034]-[0035], [0039]-[0040], [0042], [0089], and [0108]-[0109]).
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 thermal resistant coating layer is separated into layers by specific gravity difference of the two or more kinds of particles, as disclosed by Cho, in order to separate particles and achieve separate layers in a sufficiently short time.
Regarding Claim 2, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses the thermal resistant coating layer is separated into layers by differences in shape (spherical and amorphous) of the two or more kinds of inorganic particles (see paragraphs [0034]-[0035], [0037] and [0043]).
Regarding Claim 6, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above). Kim further discloses the two or more kinds of inorganic particles include spherical inorganic particles or 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 the two or more kinds of inorganic particles include inorganic particles having an average particle diameter or a longest length of 100 nm to 2 μm, respectively (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 the two or more kinds of 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 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 9, modified Kim discloses the porous composite separator of claim 1 (see rejection of claim 1 above).
Kim is silent on, when the thermal resistant coating layer is separated into layers via specific gravity, a lower layer adjacent to one surface of the porous substrate includes 65 to 100% of the first inorganic particles based on a total content of the two or more kinds of inorganic particles.
However, Cho 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 and the other type of particle more present on the bottom surface (see paragraphs [0034]-[0036], and [0042]). Cho further discloses a second type of particle is not present or 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 a lower layer adjacent to one surface of the porous substrate to contain a vast majority of the first particle and, in the case where the second type of particle is not present on the bottom surface in contact with the substrate layer of the coating layer, a skilled artisan would expect the lower layer adjacent to one surface of the porous substrate to contain mostly the first particle, i.e., close to 100%.
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 when the thermal resistant coating layer is separated into layers via specific gravity, a lower layer adjacent to one surface of the porous substrate includes 65 to 100% of the first inorganic particles based on a total content of the two or more kinds of inorganic particles, as disclosed by Cho, in order to separate particles and achieve separate layers in a sufficiently short time.
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]).
Regarding Claim 25, 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] and [0031]-[0034]),
wherein the thermal resistant coating layer includes two or more kinds of inorganic particles and the two or more kinds of inorganic particles are separated into layers (see paragraphs [0024] and [0031]-[0034]), and
wherein a lower layer is adjacent to one surface of the porous substrate and an upper layer is adjacent to the lower layer (see paragraphs [0032] and [0108]).
Kim is silent on when the thermal resistant coating layer is separated into layers, a lower layer adjacent to one surface of the porous substrate includes a part of the first inorganic particles and a part of the second inorganic particles, and an upper layer adjacent to the lower layer includes the other part of the first inorganic particles and the other part of the second inorganic particles.
However, Cho 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 and the other type of particle more present on the bottom surface (see paragraphs [0034]-[0036], and [0042]). Cho further discloses a second type of particle is not present or 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 a lower layer adjacent to one surface of the porous substrate to contain a vast majority of the first particle and, in the case where the second type of particle is less present on the bottom surface in contact with the substrate layer of the coating layer, 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.
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 when the thermal resistant coating layer is separated into layers, a lower layer adjacent to one surface of the porous substrate includes a part of the first inorganic particles and a part of the second inorganic particles, and an upper layer adjacent to the lower layer includes the other part of the first inorganic particles and the other part of the second inorganic particles, as disclosed by Cho, in order to separate particles and achieve separate layers in a sufficiently short time.
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 two or more kinds of inorganic particles including first inorganic particles and second inorganic particles with 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.
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
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.
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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