DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/16/2025 has been entered.
Response to Amendment
In response to the amendment received 11/11/2025, the 35 U.S.C. 103 rejections of claims 1-4, 6-11, 13-18, and 20-21 have been maintained from the previous office action.
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.
Claim(s) 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170365883A1, hereafter Luski, in view of Published Application US20050014060A1, hereafter Suzuki.
Regarding claim 1, Luski discloses a non-aqueous electrolyte secondary battery ([0003], Li ion battery) comprising
a positive electrode ([0003] positive electrode),
a negative electrode ([0003] negative electrode),
a separator ([0003] nanoporous or microporous polymer separator) interposed between the positive electrode and the negative electrode ([0003] separator operatively disposed between the positive electrode and the negative electrode), and
a barrier layer ([0045] multiple discrete layers of similar or dissimilar polyolefins and/or polymers for the membrane 26 may be assembled into the membrane 26, making at least one separator layer and at least one barrier layer) interposed between the positive electrode and the separator (layer of separator closest to positive electrode),
wherein the barrier layer includes a complexing agent ([0003] chelating agents are operatively disposed within the pores of the nanoporous or microporous membrane) and a resin material ([0044] polymer).
Luski further discloses the complexing agent may be formed in the separator pores, on the separator surface, on an electrode surface, and is present as a functional group grafted onto a polymer backbone ([0003]).
Luski is silent on wherein the complexing agent is a 1,3,5-triazine derivative having at least one thiol group.
In the analogous art of electrochemical cells, Suzuki discloses wherein the complexing agent is a 1,3,5-triazine derivative having at least one thiol group ([0084] 1,3,5-triazine-2,4-dithiol based complexing agent). Suzuki further discloses the complexing agent is present as a polymerizable functional group bonded to the porous surface ([0084]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Luski to use a known complexing agent such as 1,3,5-triazine-2,4-dithiol as disclosed by Suzuki, as the selection of a known material based on its suitability for its intended use has been held to be prima facie obvious (MPEP 2144.07).
Regarding claim 3, Luski further discloses wherein the barrier layer includes the complexing agent in a particulate state ([0137] finely ground polymeric chelating Li-salt added to copolymer blend).
Regarding claims 4, 11, and 18, Luski is silent on wherein a ratio of a cross sectional area of the complexing agent relative to a total cross sectional area of the complexing agent and the resin material is 15% or more and less than 100%.
The examiner notes that the complexing agent’s effectiveness and capacity are necessarily proportional to the amount of the complexing agent within the space in which it is disposed. Luski discloses in [0035] that the chelating agent effectively traps the unwanted metal cations without affecting the movement of lithium ions across the nanoporous or microporous separator. The chelating agent has a finite amount of complexing sites available for trapping cations, and thus the ratio of chelating agent present in the barrier layer to the rest of the barrier layer relates directly to the amount of cations that are able to be complexed by the chelating agent. In other words, more cations may be complexed if more of the complexing agent is present.
As the complexing capacity of the complexing agent is/are variable(s) that can be modified, among others, by adjusting the ratio of the cross sectional area of the complexing agent relative to a total cross sectional area of the complexing agent and the resin material, with the complexing capacity of the complexing agent increasing as the ratio of the cross sectional area of the complexing agent relative to a total cross sectional area of the complexing agent and the resin material is increased, the ratio of the cross sectional area of the complexing agent relative to a total cross sectional area of the complexing agent and the resin material would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed ratio of the cross sectional area of the complexing agent relative to a total cross sectional area of the complexing agent and the resin material cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the ratio of the cross sectional area of the complexing agent relative to a total cross sectional area of the complexing agent and the resin material in the invention of Luski to obtain the desired complexing capacity of the complexing agent (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since 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. (In re Aller, 105 USPQ 223).
Regarding claims 6, 13, and 20, Suzuki further discloses wherein the triazine derivative is 1,3,5-triazine-2,4-dithiol ([0084] 1,3,5-triazine-2,4-dithiol based complexing agent).
Regarding claim 7, Luski further discloses wherein the resin material is at least one selected from the group consisting of acrylic resin ([0044]), fluorine resin ([0044]), polyamide resin ([0044]), and polyimide resin ([0044]).
Regarding claim 8, Luski discloses a positive electrode ([0003] positive electrode) for a non-aqueous electrolyte secondary battery ([0003], Li ion battery) comprising:
an electrode ([0003] positive electrode) having a first surface and a second surface opposing the first surface,
a barrier layer ([0003] nanoporous or microporous polymer separator) supported on at least one of the first surface and the second surface of the positive electrode ([0003] separator operatively disposed between the positive electrode and the negative electrode),
the positive electrode includes an electrode active material layer and a current collector supporting the electrode active material layer ([0024] positive electrode is supported by its current collector; [0024] positive electrode includes lithium based active material),
the barrier layer is provided at least on a surface of the electrode active material layer at an opposite side of the current collector side (Fig 4), and
the barrier layer includes a complexing agent ([0003] chelating agents are operatively disposed within the pores of the nanoporous or microporous membrane) and a resin material ([0044] polymer).
Luski further discloses the complexing agent may be formed in the separator pores, on the separator surface, on an electrode surface, and is present as a functional group grafted onto a polymer backbone ([0003]).
Luski is silent on wherein the complexing agent is a 1,3,5-triazine derivative having at least one thiol group.
In the analogous art of electrochemical cells, Suzuki discloses wherein the complexing agent is a 1,3,5-triazine derivative having at least one thiol group ([0084] 1,3,5-triazine-2,4-dithiol based complexing agent). Suzuki further discloses the complexing agent is present as a polymerizable functional group bonded to the porous surface ([0084]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Luski to use a known complexing agent such as 1,3,5-triazine-2,4-dithiol as disclosed by Suzuki, as the selection of a known material based on its suitability for its intended use has been held to be prima facie obvious (MPEP 2144.07).
Regarding claim 10, Luski further discloses wherein the barrier layer includes the complexing agent in a particulate state ([0137] finely ground polymeric chelating Li-salt added to copolymer blend).
Regarding claim 14, Luski further discloses wherein the resin material is at least one selected from the group consisting of acrylic resin ([0044]), fluorine resin ([0044]), polyamide resin ([0044]), and polyimide resin ([0044]).
Regarding claim 15, Luski discloses a separator ([0003] nanoporous or microporous separator) for a non-aqueous electrolyte secondary battery ([0003], Li ion battery) comprising
a separator having a first surface and a second surface opposing the first surface ([0003] nanoporous or microporous polymer separator, Fig 4 two opposing surfaces), and
a barrier layer supported on at least one of the first surface and the second surface of the separator ([0045] multiple discrete layers of similar or dissimilar polyolefins and/or polymers for the membrane 26 may be assembled into the membrane 26, making at least one separator layer and at least one barrier layer),
wherein the barrier layer includes a complexing agent ([0003] chelating agents are operatively disposed within the pores of the nanoporous or microporous membrane) and a resin material ([0044] polymer).
Luski further discloses the complexing agent may be formed in the separator pores, on the separator surface, on an electrode surface, and is present as a functional group grafted onto a polymer backbone ([0003]).
Luski is silent on wherein the complexing agent is a 1,3,5-triazine derivative having at least one thiol group.
In the analogous art of electrochemical cells, Suzuki discloses wherein the complexing agent is a 1,3,5-triazine derivative having at least one thiol group ([0084] 1,3,5-triazine-2,4-dithiol based complexing agent). Suzuki further discloses the complexing agent is present as a polymerizable functional group bonded to the porous surface ([0084]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Luski to use a known complexing agent such as 1,3,5-triazine-2,4-dithiol as disclosed by Suzuki, as the selection of a known material based on its suitability for its intended use has been held to be prima facie obvious (MPEP 2144.07).
Regarding claim 17, Luski further discloses wherein the barrier layer includes the complexing agent in a particulate state ([0137] finely ground polymeric chelating Li-salt added to copolymer blend).
Regarding claim 21, Luski further discloses wherein the resin material is at least one selected from the group consisting of acrylic resin ([0044]), fluorine resin ([0044]), polyamide resin ([0044]), and polyimide resin ([0044]).
Claim(s) 2, 9, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170365883A1, hereafter Luski, in view of Published Application US20050014060A1, hereafter Suzuki, as stated above for claims 1, 8, and 15, and further in view of Published Application US20150188183A1, hereafter Nagai.
Regarding claims 2, 9, and 16, Luski is silent on wherein the barrier layer has a thickness of 1 µm or more and 40 µm or less.
In the analogous art of secondary batteries, Nagai discloses wherein the barrier layer of the separator has a thickness of 1-12 µm ([0139] 1-12 µm barrier layer to improve a short-circuit prevention effect and retention of the non-aqueous electrolyte), which lies inside the claimed range of 1-40 µm. Nagai further discloses that in the cases where the barrier layer is provided on the separator, it is easy to adjust the strength and extensibility of the separator within suitable ranges ([0139]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select a barrier layer thickness of 1-12 µm as disclosed by Nagai in order to improve a short circuit prevention effect and retention of the non-aqueous electrolyte, as suggested by Nagai ([0139]), and since in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Response to Arguments
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive, and were responded to in the advisory action of 12/03/2025, with the exception of the response below.
In response to applicant’s argument regarding claims 1, 8, and 15 on page 10 of applicant’s remarks that Suzuki uses 1,3,5-triazine-2,4-dithiol for a completely different purpose from Luski, the examiner disagrees, and notes Suzuki, in disclosing the list of functional group, further states: “…1,3,5-triazine-2,4-dithiol group, amino group, or other such selective adsorption group that readily forms a complex,” ([0084]) which clearly is disclosing 1,3,5-triazine-2,4-dithiol to be a known complexing agent in the art of electrochemical cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754