DETAILED ACTION
Response to Amendment
Claims 1-3, 5-12, and 14-20 are currently pending. Claims 4 and 13 are cancelled. The previously stated 112, 2nd paragraph rejections of claims 1-4, 6, 8, 10-13, 17, and 19 is withdrawn. The amended claims do overcome the previously stated 102 and 103 rejections. However, upon further consideration, claims 1-3, 6, 8, 10-12, 17, and 19 are rejected under the following new 103 rejections. This action is made FINAL as necessitated by the amendment.
Election/Restrictions
Claims 5, 7, 9, 14-16, 18, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species 1 and 3, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/17/25.
Claim Objections
Claims 5, 7, 9, 14-16, 18, and 20 are objected to because of the following informalities: the status identifiers for these withdrawn claims are incorrect. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: the limitation “the first binder comprises one or more of ethylene-propylene random polymer, ethylene propylene rubber, or block copolymer polypropylene; and the second binder comprises one or more of polypropylene, ethylene-butene copolymer, ethylene-propylene copolymer, propylene-butene copolymer, or ethylene-propylene-butene copolymer” is already recited in claim 1 and therefore does not further limit claim 1. Appropriate correction is required.
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.
Claims 1-3, 6, 8, 11, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ka et al (US 2021/0050577) in view of Saeki et al (US 2019/0067748), and further in view of Ohata et al (US 2005/0266305).
Regarding claims 1-3, 8, 11, 12, and 17, Ka et al discloses a portable electronic device (electronic apparatus) comprising a lithium secondary battery (electrochemical apparatus); wherein the lithium secondary battery comprises an electrode assembly, wherein the electrode assembly comprises a positive electrode (first electrode plate), a negative electrode (second electrode plate) and a separator, wherein the separator comprises a polyolefin substrate (substrate layer) and a first layer disposed on a surface of the polyolefin substrate;
wherein the first layer comprises a first coating layer (second layer) and a second coating layer (third layer), and the first coating layer is stacked with the second coating layer and located between the polyolefin substrate and the second coating layer; wherein the first coating layer consists essentially of first inorganic material (first inorganic particles), acetone (first dispersant), and a first binder, and the second coating layer consists essentially of second inorganic material (second inorganic particles), acetone (second dispersant), and a second binder;
wherein the second binder may be different from the first binder;
wherein the separator is stacked between the positive electrode and the negative electrode, and the second coating layer is in contact with the positive electrode;
wherein examples of the inorganic particles (first inorganic particles / second inorganic particles) include Al2O3 (aluminum oxide), TiO2 (titanium oxide), ZrO2 (zirconium oxide), and MgO (magnesium oxide) ([0033]-[0057]).
However, Ka et al does not expressly teach a first binder comprising one or more of ethylene-propylene random polymer, ethylene propylene rubber, or block copolymer polypropylene; and a first layer having a first endothermic peak, wherein a temperature corresponding to the first endothermic peak is Q1°C, 100≤Q1≤130 (claims 1, 8, and 17).
Saeki et al discloses a multilayer structure separator comprising a microporous membrane as a substrate, and a porous layer (first layer / second layer) containing an inorganic particles and a binder to bind inorganic particles together, or bind the layer containing an inorganic particle with the substrate; wherein examples of the binder include ethylene propylene rubber which inherently has a first endothermic peak Q1, 100≤Q1≤130 ([0135],[0136]).
Therefore, the invention as a whole would have been obvious to one of ordinary skill in the art at the time the invention was made because the disclosure of Saeki et al indicates that ethylene propylene rubber is a suitable material for use as a binder for a first layer disposed on a multilayer structure separator. The selection of a known material based on its suitability for its intended use has generally been held to be prima facie obvious (MPEP §2144.07). As such, it would be obvious to use ethylene propylene rubber.
However, Ka et al as modified by Saeki et al does not expressly teach a second binder comprising one or more of polypropylene, ethylene-butene copolymer, ethylene-propylene copolymer, propylene-butene copolymer, or ethylene-propylene-butene copolymer; and a first layer having a second endothermic peak, wherein a temperature corresponding to the second endothermic peak is Q2°C, 140≤Q2≤200 (claims 1, 8, and 17).
Ohata et al discloses a multilayer porous membrane comprising a first porous membrane (second layer) and a second porous membrane (third layer), wherein the second porous membrane contains resin particles (second binder), wherein the resin particles is a thermoplastic resin having a melting point of 120 to 200°C such as polypropylene or a copolymer of ethylene and propylene which inherently has a second endothermic peak Q2, 140≤Q2≤200 ([0028],[0040]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the second coating layer to include a second binder such as polypropylene or ethylene-propylene copolymer in order to provide a separator that exhibits shut-down function during an overcharge ([0028]).
Examiner’s note: the Office takes the position that the limitation “F25 represents an adhesion strength between the first layer and the substrate layer measured at 25°C, FQ1-10 represents an adhesion strength between the first layer and the substrate layer measured at Q1-10°C and -0.05 N/m≤FQ1-10 - F25≤0.05N/m; and Ft1 represents an adhesion strength between the first layer and the substrate layer measured at t1°C, Ft2 represents an adhesion strength between the first layer and the substrate layer measured at t2°C, t1>t2>Q1-10, and Ft1<Ft2; and/or F represents an adhesion strength between the first layer and the substrate layer measured at a temperature t°C, 0 N/m<F≤2 N/m and Qt-10≤t≤Q2” is an inherent characteristic of the Ka/Saeki/Ohata separator because the combination of Ka, Saeki, Ohata discloses the same first layer having a first endothermic peak and a second endothermic peak, and the same materials of the first binder, second binder, first inorganic particles, and second inorganic particles as the present invention.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ka et al in view of Saeki et al and Ohata et al as applied to claims 8 and 17 above, and further in view of Kai et al (US 2019/0103593).
However, Ka et al as modified by Saeki et al and Ohara et al does not expressly teach a fifth layer disposed on a surface of the substrate layer, the first layer and the fifth layer are respectively provided on two opposite surfaces of the substrate layer, the fifth layer is in contact with the second electrode plate, and the fifth layer comprises the first binder and/or the second binder (claims 10 and 19).
Kai et al discloses a porous layer that is stacked on both surfaces of the porous base material which corresponds to a fifth layer disposed on a surface of the porous base material, the first layer and the fifth layer are respectively provided on two opposite surfaces of the porous base material, the fifth layer is in contact with the negative electrode, and the first layer and the fifth layer each comprises the organic resin (first binder) and the fluororesin (second binder) ([0105]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Ka/Saeki separator to include a fifth layer disposed on a surface of the substrate layer, the first layer and the fifth layer are respectively provided on two opposite surfaces of the substrate layer, the fifth layer is in contact with the second electrode plate, and the fifth layer comprises the first binder and/or the second binder in order to secure wet adhesiveness and dry adhesiveness on both positive electrode and negative electrode sides, resulting in excellent cycle performance ([0106]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6, 8, 10-12, 17, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/T.S.C/Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 1/15/2026
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