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 .
Summary
Since the Office Action mailed on 09 December 2025, claims 10-11, 13-14 and 17 have been amended, the claim objections and 112(b) rejections are overcome by amendments, and claims 10-17 remain the application to be further examined.
The 103 rejections are maintained while applicant remarks are fully responded to in this Office Action.
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 Rejections - 35 USC § 103
Claims 10-11 and 13-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2014/0295170 A1) in view of Delaporte et al (US 2019/0288260 A1). These prior art references cited, respectively, as Kim and Delaporte, in this Office Action hereinafter.
Regarding claim 10, Kim discloses a method for preparing a separator (“An embodiment of the present invention is directed to providing a high-heat resistant micro-porous polyolefin composite film” [0013]) configured to be used by electrochemical devices (“the final micro-porous polyolefin composite film may be used as a separator for a secondary battery” [0019]), wherein the separator comprises a modified porous base membrane (“a micro-porous polyolefin film” [0030]) and a functional layer arranged on a surface of at least one side of the modified porous base membrane (“a porous coating layer on at least one Surface or two surfaces of the micro-porous polyolefin film” [0033]); the functional layer contains a composite slurry containing an organic substance and an inorganic substance ([0031]-[0032] where “the micro-porous film is impregnated with the organic solvent in the coating process” [0058]), the method comprising the following steps:
S1, preparing the modified porous base membrane (“preparing a micro-porous polyolefin film” [0030]);
subjecting an unmodified porous base membrane to corona treatment (“a corona or plasma apparatus, for improving a Surface tension value of the micro-porous polyolefin film” [0044]);
S2, preparing the composite slurry containing the organic substance and the inorganic substance (“the solution prepared in the stage (c)” [0033]);
dissolving the organic polymer in the organic solvent (“(c) mixing a polymer binder containing a non-aqueous polymer and an aqueous polymer with the solution prepared in the stage (b)” [0032] where “(b) adding and dispersing inorganic particles in a solvent” [0031] and “the micro-porous film is impregnated with the organic solvent in the coating process” [0058]) according to a predetermined ratio (“the content of the polymer binder containing aqueous and non-aqueous polymers is preferably 0.5 to 7.0 wt % based on the entire solution” [0049]) by mechanically stirring and mixing to obtain a first mixture (mixture obtained from step “(c)” [0032]); mixing the inorganic substance and the organic solvent evenly (“(b) adding and dispersing inorganic particles in a solvent” [0031] where ““the micro-porous film is impregnated with the organic solvent in the coating process” [0058]) according to a predetermined ratio (“The content of the inorganic particles of the present invention is preferably 10 to 70 wt % based on the entire Solution” [0049]) by mechanically stirring to obtain a second mixture (mixture obtained from step “(b)” [0031]), and mixing the first mixture in which the organic polymer is completely dissolved and the second mixture which is mixed evenly by mechanically stirring to give the composite slurry (“(c) mixing a polymer binder containing a non-aqueous polymer and an aqueous polymer with the solution prepared in the stage (b)” [0032]); and
S3, coating composite slurry to the surface of at least one side of the modified porous base membrane (“(d) coating the solution prepared in the stage (c) on at least one surface of the micro-porous polyolefin film” [0033]) to form the functional layer (“to thereby form a porous coating layer on at least one Surface or two surfaces of the micro-porous polyolefin film” [0033]).
Kim does not disclose the modified porous base membrane contains particles that contain a lithium-conducting ionic compound; and
passing the unmodified porous base membrane after the corona treatment through a water tank containing a saturated aqueous solution of the lithium-conducting ionic compound, and then performing drying in a drying oven to give the modified porous base membrane.
However, Delaporte discloses a method for preparing a separator (“a process for the manufacture of a flexible electrode - separator element” [0007]) configured to be used by electrochemical devices (“manufacturing of Li - ion batteries” [0078]).
Delaporte teaches the modified porous base membrane contains particles that contain a lithium-conducting ionic compound (“80 wt.% of electrochemically active material (LiFePO4 / C or LiTi5O12 powder) was dispersed in 50 mL of DMF (or water) followed by the addition of 20 wt.% of the exfoliated graphene powder produced” [0047]); and
passing the unmodified porous base membrane through a water tank (“were also carried out using 85% by weight of LiFePO4 / C. The solution is then treated in an ultrasonic bath for 20 minutes.
The mixture of graphene and electrochemically active material was filtered with a Büchner assembly using a Celgard® - 2320 separator as filter . After half an hour, a layer comprising a graphene and electrochemically active material mixture formed on the separator” [0047]-[0048]) containing a saturated aqueous solution of the lithium-conducting ionic compound (“80 wt.% of electrochemically active material (LiFePO4/C or Li4Ti5O12 powder) was dispersed in 50 mL of DMF (or water)” [0047]), and then performing drying in a drying oven to give the modified porous base membrane (“being dried in an oven at 60° C. under vacuum” [0048]).
Delaporte further teaches the resulting separator is flexible without any degradation of the film, which remains intact under mechanical stress ([0048]).
Therefore, it would have been obvious for a person of ordinary skill in the art to add steps of the modified porous base membrane contains particles that contain a lithium-conducting ionic compound; and
passing the unmodified porous base membrane after the corona treatment through a water tank containing a saturated aqueous solution of the lithium-conducting ionic compound, and then performing drying in a drying oven to give the modified porous base membrane to the method for preparing a separator of Kim in view of Delaporte, in order to achieve a flexible separator without any degradation, which remains intact under mechanical stress.
Regarding claim 11, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, and wherein the lithium-conducting ionic compound includes LiAlSi2O6, Li2FeSiO4 or LiFePO4 (Delaporte “LiFePO4” [0047]).
Regarding claim 13, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, and wherein the organic polymer is polyvinylidene difluoride (Kim “a coating Solution was prepared by dissolving 5 wt % of polyvinylidene difluoride hexafluoropropylene (PVDF-HFP)” [0111]) with a molecular weight of 0.1-1 million (it is known in the art for PVDF-HFP to have an average molecular weight of has an average molecular weight of approximately 455,000 g/mol when “having a melting temperature of 160° C” Kim [0111]); in the composite slurry containing the organic substance and the inorganic substance, solid content of the polyvinylidene difluoride is 5-20 wt% (Kim “5 wt % of polyvinylidene difluoride hexafluoropropylene (PVDF-HFP)” [0111]).
Regarding claim 14, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, and wherein the inorganic substance comprises aluminum trioxide, boehmite, silicon dioxide, titanium dioxide, barium sulfate, calcium carbonate or calcium oxide (Kim “Al2O3 powder” [0111]).
Regarding claim 15, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, and wherein the organic solvent is selected from one of or a combination of more than one of N- methylpyrrolidone (NMP), dimethylacetamide (DMAC), acetone, N,N- dimethylformamide (DMF) and dimethyl sulfoxide (DMSO) (Kim “in acetone.” [0111]).
Regarding claim 17, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, and wherein the composite slurry containing the organic substance and the inorganic substance comprises the following ingredients in parts by weight: 5-80 parts of an organic polymer (Kim “5 wt % of polyvinylidene difluoride hexafluoropropylene (PVDF-HFP)” [0111]), 3-40 parts of the inorganic substance (Kim “25 wt% of Al-O powder” [0111]), and 50-100 parts of the organic solvent (the balance wt% of “acetone” Kim [0111] based on the prior two citations above is at least 70 wt%).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2014/0295170 A1) in view of Delaporte (US 2019/0288260 A1) and further in view of Cao et al (US 2017/0170440 A1). The latter prior art reference cited as Cao in this Office Action hereinafter.
Regarding claim 12, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, but does not disclose wherein the particles that contain the lithium-conducting ionic compound have a particle size of 5-20 nm.
However, Cao discloses a method for preparing a separator configured to be used by electrochemical devices (“a method for making a composite separator” [0021], “the composite separator can have better ionic conductivity, thereby improving the electrochemical performance of the lithium ion battery.” [0056]) wherein the separator comprises a modified porous base membrane (“the porous film can be selected from conventionally used separators in the lithium ion batteries, Such as a polyolefin porous film, a nonwoven fabric porous film, or an electrospinning film” [0050]) that contains particles that contain a lithium-conducting ionic compound (“liquid dispersion comprises … single ion nanoconductors, e.g., oxide nanoparticle-P(AALi-MMA), dispersed in the organic solvent.” [0044]) and a functional layer (“the organic polymer P(AA-MMA). The polymer is coated on the Surface of the nanoparticles” [0043]).
Cao teaches wherein the particles that contain the lithium-conducting ionic compound have a particle size of 5-20 nm (“The liquid dispersion comprises the organic Solvent and single ion nanoconductors, e.g., oxide nanoparticle-P(AALi-MMA), dispersed in the organic solvent. … A size of the oxide nanoparticle-P(AALi-MMA) is less than 10 nanometers, e.g., about 4 nanometers to about 8 nanometers.” [0044]).
Cao further teaches that the lithium-conducting ionic compound of this limitation does not aggregate with each other and is in a monodisperse state ([0044]) in the water tank (“The solution of nano sol can comprise water.” [0038]) at a certain temperature and pressure, uniformly dispersing the lithium-conducting ionic compound ([0071]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add wherein the particles that contain the lithium-conducting ionic compound have a particle size of 5-20 nm to the method of modified Kim, in view of Cao, in order to achieve a uniformly dispersed water tank containing the saturated aqueous solution of the lithium-conducting ionic compound.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2014/0295170 A1) in view of Delaporte (US 2019/0288260 A1) and further in view of Hennige et al (US 2006/0166085 A1). The latter prior art reference cited as Hennige in this Office Action hereinafter.
Regarding claim 16, modified Kim discloses the method for preparing the separator with all the features set forth in claim 10 above, but does not disclose wherein a rate of the unmodified porous base membrane passing through the water tank containing the saturated aqueous solution of the lithium-conducting ionic compound is 5 m/min.
However, Hennige discloses a method for preparing a separator configured to be used by electrochemical devices (“The present invention accordingly provides a separator for high power lithium batteries” [0018]) wherein the separator comprises a modified porous base membrane (“based on a sheetlike flexible Substrate having a multiplicity of openings” [0018]) that contains particles that contain a lithium-conducting ionic compound (“The lithium ion conducting properties of the separator are preferably obtained by virtue of the separator comprising at least one organic and/or inorganic material” [0029]).
Hennige teaches wherein a rate of the unmodified porous base membrane passing through the water tank containing the saturated aqueous solution of the lithium-conducting ionic compound is 5 m/min (“The process for producing the separator which is to be used can be carried out for example by unrolling the Substrate from a roll, passing it at a speed of from 1 m/h to 2 m/s, preferably at a speed of from 0.5 m/min. to 20 m/min, and most preferably at a speed of from 1 m/min to 5 m/min through at least one apparatus which applies the Suspension atop and into the Support, for example a roller, and at least one further apparatus whereby the Suspension can be solidified on and in the Support by heating” [0077]).
Hennige further teaches that it is possible to produce the separator, intended for use, as well as its pretreatment steps, in a continuous process ([0077]), which produces a separator already having lithium ion conducting material in the structure of the separator ([0096]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add a rate of the unmodified porous base membrane passing through the water tank containing the saturated aqueous solution of the lithium-conducting ionic compound to the method of modified Kim, in view of Hennige, which the rate of the porous base membrane passing is 5 m/min. The person of ordinary skill would thus be able to achieve a continuous process that is sufficient to produce a separator already having lithium ion conducting material in the structure of the separator.
Response to Arguments
Applicant's arguments filed 12 March 2026 have been fully considered but they are not persuasive.
Applicant appears to remark that it is unexpected from the prior art reference Kim to arrive at the effects of the claimed invention because Kim is silent on the combination of the lithium-conducting ionic compound and the functional layer containing the organic substance.
In response to applicant’s remark above, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Delaporte provides at least a suggestion and reasoning to try said suggestion, providing motivation, to process the separator of Kim by passing the unmodified porous base membrane after the corona treatment through a water tank containing a saturated aqueous solution of the lithium-conducting ionic compound, and then performing drying in a drying oven to give the modified porous base membrane such that the separator contains a lithium-conducting ionic compound. The reasoning to apply this suggestion that Delaporte teaches are benefits of a flexible separator without any degradation of the separator, which remains intact under mechanical stress.
Applicant appears to remark that there would not have been motivation and a reasonable expectation of success to apply electrode coating technologies disclosed in prior art reference Delaporte to a separator structure such as the one disclosed in Kim because an electrode and a separator serve fundamentally different and opposing functions in electrochemical devices, and is therefore non-analogous art with respect to separator preparation.
In response to applicant's remark that Delaporte is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Delaporte is in the field of the inventor’s endeavor, which is in the field of electrochemical devices. This basis does not require taking into account the functionality of different components of disclosed inventions.
Additionally, the examiner respectfully disagrees with applicant in that Delaporte teaches electrode coating technologies because Delaporte involves coating a suspension on the separator (at least [0011]), which is interpreted as separator coating technologies instead of electrode coating technologies, and provides enough motivation and reasonable expectation of success to apply the teachings of Delaporte to the separator of Kim.
Applicant appears to remark that Delaporte disclosing electrode-coating teachings to a separator teaches away from the invention of Kim because it would undermine the electronic insulation requirement of the separator and destroy the intended purpose.
In response to applicant's remark that Delaporte teaches away from the intended purpose of the separator of Kim, if the structure of the separator processed in Delaporte is capable of performing the intended use, then it meets the design of the separator disclosed in Kim. Delaporte discloses that “Since the LFPcelgard and LTOcelgard electrodes already include a Celgard® - 2320 membrane separator , no additional Celgard® - 2320 was used” ([0052]), which implies that the separator after the processing taught in Delaporte maintains its functionality as a separator in an electrochemical cell.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Wednesdays generally from 8 AM to 5 PM.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721