DETAILED 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 3, 2025 has been entered.
Response to Amendment
The amendment filed December 3, 2025 has been entered and fully considered.
Claims 1-4, 8-11, 13, 15 and 16 are pending of which 15-16 are new.
The rejection under 35 USC 112, 1st paragraph is withdrawn in light of the cancellation of claims 12 and 14 and the dependency amendment of claim 13.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The content of the particles in the first layer is already presented in independent claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 8-11, 13, and 15 are rejected under 35 U.S.C. 103 as obvious over HE et al. (CN107093693A, cited in IDS, see also machine translation), hereinafter HE in view of GUO et al. (US 20190267596A1 cited in IDS) hereinafter GUO.
Regarding Claims 1 and 15, HE teaches a lithium secondary battery comprising a positive electrode, a negative electrode, a separator disposed between the positive electrode and the negative electrode ([0026], [0052]), and a nonaqueous electrolyte ([0052]), the separator includes a substrate and a functional layer laminated on the substrate, and the functional layer includes a first layer including particles of phosphate containing lithium (abstract, [0014]).
HE does not explicitly teach wherein the negative electrode is an electrode in which lithium metal deposits during charging and the lithium metal dissolves during discharging, however it is well known in the art when a lithium battery is fast charging or under certain conditions where the charging current is high, causing a potential safety concern due to the possibility of dendrite formation and short circuits, the following chemical process will occur: during charging of a lithium battery the buildup of metallic lithium on the anode surface of a lithium-ion battery will happen while and the lithium metal is going to dissolve on the anode surface during discharging.
HE further teaches the main component of the first functional layer (ceramic layer) is ceramic powder, and the main component of the ceramic powder is lithium-containing phosphate ([0014]).
HE does not teach the functional layer contains a polymer of at least one selected from the group consisting of aromatic polyamide, aromatic polyimide, and aromatic polyamide-imide.
GUO, from the same field of endeavor, teaches a lithium-ion battery comprising a positive electrode, a negative electrode, a separator and an electrolyte ([0034]). The separator comprises a porous substrate, and a first coating layer arranged on at least one surface of the porous substrate ([0007]), the first coating layer further comprises inorganic particles and a polymer ([0009]), the inorganic particles are selected from a group of substances among them there is lithium phosphate, lithium titanium phosphate ([0010]), wherein the first coating layer comprises an aromatic polyamide (abstract, [0006], [0012]) since the aromatic polyamide coating layer acts on the electrode active material or the binder to improve the elongation of the separator and improve the safety performance of the electrode assembly ([0005]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium secondary battery of HE with the separator from GUO including a polymer made by aromatic polyamide wherein the first coating layer for the motivation of making an improved safety performance of the overall electrode assembly while achieving better elongation of the separator.
HE further teaches the content of the particles in the first layer is from 82-99wt% ([0039]), which encompasses the claimed range of 85% to 99%, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
HE envisions a second ceramic layer, which can be the same as the first ceramic layer, which meets the present limitations for the claimed second layer ([0014], [0039])
Additionally modified HE further teaches the separator can further comprises a second coating layer, and the second coating layer comprises inorganic particles and a polymer made of an aromatic polyamide (GUO [0008], [0012]) wherein the second layer is disposed between the substrate and the first layer (GUO [0028]).
Regarding Claim 2, modified HE further teaches wherein the particles of the first layer are lithium phosphate (example 3: [0098], example 4: [0100], claim 3).
Regarding Claim 8, modified HE further teaches the first functional layer further includes inorganic particles other than the particles of the phosphate ([0040]: auxiliary components such as aluminum oxide, titanium dioxide, silicon dioxide, zirconium dioxide, tin dioxide, magnesium oxide, zinc oxide, barium sulfate, boron nitride, aluminum nitride, magnesium nitride, and a mixture of two or more thereof).
Regarding Claim 9, modified HE further teaches the thickness of the functional layer is in the range of 0.5 μm to 6 μm ([0017]) which is within the claimed range of 3 μm to 10 μm.
Regarding Claim 10, modified HE further teaches wherein the nonaqueous electrolyte contains lithium ions and anions (HE: [0066]) and the anions include at least anions of an oxalate complex (GUO: [0020]).
Regarding Claim 11, modified HE further teaches wherein the anions of the oxalate complex is bis (oxalate) borate anions (GUO: [0020]).
Regarding Claim 13, HE clearly teaches positive electrode materials commonly used in lithium ion batteries including LiNixMnyCozO2 and lithium containing metal composite oxides ([0057]).
Claim 4 is rejected under 35 U.S.C. 103 as obvious over HE in view of GUO as applied to claim 1 above, and further in view of MOTOHASHI et al. (JP2013114764A, cited in IDS, see also machine translation), hereinafter MOTOHASHI.
Regarding Claim 4, modified HE teaches all the limitations of claim 1 as discussed above.
Modified HE does not teach the average particle size of the particles of phosphate containing lithium is in the range of 0.1 μm to 1.0 μm; however according to HE, 1 g of a mixed powder of commercially available lithium phosphate was used for the preparation of the composite separator ([0087], [0088], [0089]), and it is well known in the art that commercially available lithium phosphate has a particle size less than 5.0 μm.
MOTOHASHI, from the same field of endeavor, teaches a lithium-ion battery includes a positive electrode, a negative electrode, and an insulating layer between the positive electrode and the negative electrode, a nonaqueous electrolyte, and the insulating layer includes a resin layer that contains a first polymer compound, an inorganic oxide filler, and a lithium salt filler (abstract, [0071]).
The separator 4 shown in FIGURE 1 is an insulating material that separates the positive electrode from the negative electrode, prevents a short circuit due to contact between the electrodes, and allows lithium ions to pass through. The separator 4 is composed of a base material layer 4a (equivalent to the “separator substrate”) and a functional resin layer 4b (equivalent to the “functional layer laminated on the substrate”). In the example of FIGURE1, the functional resin layer 4b is provided on one main surface of the base layer 4a ([0018]). In the separator according to the first embodiment of MOTOHASHI technology, the functional resin layer 4b containing an inorganic oxide filler and a lithium salt filler is provided, so that the wettability of the electrolyte can be improved. The electrolyte retention property improves as the specific surface area increases, so the particle diameters of the inorganic oxide filler and the lithium salt filler are preferably relatively small ([0056]). The lithium salt filler includes lithium phosphate ([0031]), also the lithium salt filler preferably has a median particle size of 0.2 μm or more and 5.0 μm or less since if the median particle size is too small, the lithium salt filler may aggregate, and the functional resin layer 4b may not be formed well ([0037]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the separator first layer in the lithium secondary battery of HE with the particles containing lithium phosphate from MOTOHASHI having average particle size of 0.2 μm or more and 5.0 μm or less for the motivation of making a significantly improved high-temperature dimensional stable diaphragm, improving the safety of lithium-ion batteries, and improving the processability of the separator.
Allowable Subject Matter
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The negative electrode of HE contains more than the negative electrode current collector as claimed ([0058]-[0063]).
Response to Arguments
Applicant's arguments filed December 3, 2025 have been fully considered but they are not persuasive.
As outlined in detail above, the current limitations including the limitations added to independent claim 1 are clearly taught by HE in combination with GUO.
Regarding the alleged unexpected results, Applicant is reminded that it is necessary for the data presented to be commensurate in scope with the claims. Again all inventive Batteries A1 to A4 specifically include lithium phosphate in the functional layer whereas the claims broadly require particles of phosphate containing lithium. Additionally Battery A4 contains Al2O3 in the first layer. Al2O3 is not claimed. The second layer contains aromatic polyamide wherein claim 1 has three options, namely aromatic polyamide, aromatic polyimide and aromatic polyamide-imide. Two thickness were evaluated, 2 μm and 4 μm. There are no limitations for the specific positive electrode or the specific electrolyte used in the Examples. For at least these reasons the alleged unexpected results are not convincing because the data presented is not commensurate in scope with the claims. MPEP 716.02b, d.
Conclusion
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BARBARA L GILLIAM
Supervisory Patent Examiner
Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727