0DETAILED 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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 13 August 2026 has been entered.
Status of Claims and Other Notes
Claims 1–10 are pending.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0178850 A1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 20 July 2026 was filed after the mailing date of the final Office Action on 18 May 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 1–10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Rejections - 35 USC § 103
Claims 1–10 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (US 2019/0214685 A1, hereinafter Chang) in view of Oba (JP 2002-334719 A) and Wu et al. (US 2007/0105470 A1, hereinafter Wu).
Regarding claim 1, Chang discloses a lithium ion secondary battery (FIG. 2B, [0044]) comprising:
a positive electrode mixture layer (15, [0033]);
a negative electrode mixture layer (12', [0044]), and
a separation membrane (13, 16, 17, 20) located between the positive electrode mixture layer (15) and the negative electrode mixture layer (12', [0047]),
wherein the positive electrode mixture layer (15) comprises a positive electrode active material, a first lithium salt, and a first solvent (see cathode, [0033]),
wherein the negative electrode mixture layer (12') comprises a negative electrode active material (12a), a second lithium salt (12b), and a second solvent (12b) different from the first solvent (FIG. 3, [0072]).
Chang does not explicitly disclose:
wherein the separation membrane comprises at least one resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl group.
Wu discloses a separation membrane comprising at least one resin including, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl groups (see PAA, [0058]), wherein the separation membrane further comprises a porous body (see composite separator, [0058]), and wherein the at least one resin is retained in the porous body (see composite separator, [0058]) to improve the ionic conductivity of the separation membrane (see separators, [0057]). Chang and Wu are analogous because they are directed to secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Chang with the separation membrane of Wu in order to improve the ionic conductivity of the separation membrane.
Modified Chang does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Oba discloses a lithium ion secondary battery (FIG. 3, [0039]) comprising a positive electrode mixture layer (4) comprises a positive electrode active material, a first lithium salt, and a first solvent (see GBL; TABLE 1, [0112]), a negative electrode mixture layer (7) comprises a negative electrode active material, a second lithium salt, and a second solvent (see PC, TABLE 1) that is different in composition from the first solvent (TABLE 1, [0112]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0112]) to enhance thermal stability and cycle life characteristics (TABLE 2, [0134]). Chang and Oba are analogous because they are directed to lithium ion secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of modified Chang with the first solvent and second solvent of Oba to enhance thermal stability and cycle life characteristics.
Regarding claim 2, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises a porous body (16, [0055]), and
wherein the at least one resin is retained in the porous body (16, [0059]).
Regarding claim 3, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the porous body (16) is made of a polymer (FIG. 3, [0055]).
Regarding claim 4, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 5, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises a third lithium salt (20) and a third solvent (20, [0040]).
Regarding claim 6, Chang discloses a separation membrane (13, 16, 17, 20) comprising:
at least one resin comprising, as a monomer unit, at least one monomer ([0039], [0051], [0059], [0135], [0146]),
wherein the separation membrane (13, 16, 17, 20) is for being disposed between a positive electrode mixture layer (15) and a negative electrode mixture layer (12') in a lithium ion secondary battery (FIG. 2B, [0047]), and
wherein the lithium ion secondary battery comprises t the positive electrode mixture layer (15) comprising a positive electrode active material, a first lithium salt, and a first solvent (see cathode, [0033]); and the negative electrode mixture layer (12') comprising a negative electrode active material (12a), a second lithium salt (12b), and a second solvent (12b) different from the first solvent (FIG. 3, [0072]).
Chang does not explicitly disclose:
wherein the separation membrane comprises at least one resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl group.
Wu discloses a separation membrane comprising at least one resin including, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl groups (see PAA, [0058]), wherein the separation membrane further comprises a porous body (see composite separator, [0058]), and wherein the at least one resin is retained in the porous body (see composite separator, [0058]) to improve the ionic conductivity of the separation membrane (see separators, [0057]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Chang with the separation membrane of Wu in order to improve the ionic conductivity of the separation membrane.
Modified Chang does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Oba discloses a lithium ion secondary battery (FIG. 3, [0039]) comprising a positive electrode mixture layer (4) comprises a positive electrode active material, a first lithium salt, and a first solvent (see GBL; TABLE 1, [0112]), a negative electrode mixture layer (7) comprises a negative electrode active material, a second lithium salt, and a second solvent (see PC, TABLE 1) that is different in composition from the first solvent (TABLE 1, [0112]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0112]) to enhance thermal stability and cycle life characteristics (TABLE 2, [0134]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of modified Chang with the first solvent and second solvent of Oba to enhance thermal stability and cycle life characteristics.
Regarding claim 7, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a porous body (16, [0055]), and
wherein the at least one resin is retained in the porous body (16, [0059]).
Regarding claim 8, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane:
wherein the porous body (16) is made of a polymer (FIG. 3, [0055]).
Regarding claim 9, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 10, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a third lithium salt (20) and a third solvent (20, [0040]).
Claims 1–10 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (US 2019/0214685 A1, hereinafter Chang) in view of Oba (JP 2002-334719 A) and Hikita et al. (US 2015/80343392 A1).
Regarding claim 1, Chang discloses a lithium ion secondary battery (FIG. 2B, [0044]) comprising:
a positive electrode mixture layer (15, [0033]);
a negative electrode mixture layer (12', [0044]), and
a separation membrane (13, 16, 17, 20) located between the positive electrode mixture layer (15) and the negative electrode mixture layer (12', [0047]),
wherein the positive electrode mixture layer (15) comprises a positive electrode active material, a first lithium salt, and a first solvent (see cathode, [0033]),
wherein the negative electrode mixture layer (12') comprises a negative electrode active material (12a), a second lithium salt (12b), and a second solvent (12b) different from the first solvent (FIG. 3, [0072]).
Chang does not explicitly disclose:
wherein the separation membrane comprises at least one resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl group.
Hikita discloses a separation membrane comprising at least one resin including, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl groups (TABLE 1, [0200]), wherein the separation membrane further comprises a porous body (TABLE 2, [0200]), and wherein the at least one resin is retained in the porous body (TABLE 2, [0200]), and wherein the porous body (TABLE 2, [0200]) is made of the polymer (TABLE 2, [0200]) to improve the ionic conductivity of the separation membrane (see lithium ion battery, [0027]). Chang and Hikita are analogous because they are directed to secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Chang with the separation membrane of Hikita in order to improve the ionic conductivity of the separation membrane.
Modified Chang does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Oba discloses a lithium ion secondary battery (FIG. 3, [0039]) comprising a positive electrode mixture layer (4) comprises a positive electrode active material, a first lithium salt, and a first solvent (see GBL; TABLE 1, [0112]), a negative electrode mixture layer (7) comprises a negative electrode active material, a second lithium salt, and a second solvent (see PC, TABLE 1) that is different in composition from the first solvent (TABLE 1, [0112]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0112]) to enhance thermal stability and cycle life characteristics (TABLE 2, [0134]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of modified Chang with the first solvent and second solvent of Oba to enhance thermal stability and cycle life characteristics.
Regarding claim 2, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises a porous body (16, [0055]), and
wherein the at least one resin is retained in the porous body (16, [0059]).
Regarding claim 3, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the porous body (16) is made of a polymer (FIG. 3, [0055]).
Regarding claim 4, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 5, modified Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises a third lithium salt (20) and a third solvent (20, [0040]).
Regarding claim 6, Chang discloses a separation membrane (13, 16, 17, 20) comprising:
at least one resin comprising, as a monomer unit, at least one monomer ([0039], [0051], [0059], [0135], [0146]),
wherein the separation membrane (13, 16, 17, 20) is for being disposed between a positive electrode mixture layer (15) and a negative electrode mixture layer (12') in a lithium ion secondary battery (FIG. 2B, [0047]), and
wherein the lithium ion secondary battery comprises t the positive electrode mixture layer (15) comprising a positive electrode active material, a first lithium salt, and a first solvent (see cathode, [0033]); and the negative electrode mixture layer (12') comprising a negative electrode active material (12a), a second lithium salt (12b), and a second solvent (12b) different from the first solvent (FIG. 3, [0072]).
Chang does not explicitly disclose:
wherein the separation membrane comprises at least one resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl group.
Hikita discloses a separation membrane comprising at least one resin including, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl groups (TABLE 1, [0200]), wherein the separation membrane further comprises a porous body (TABLE 2, [0200]), and wherein the at least one resin is retained in the porous body (TABLE 2, [0200]), and wherein the porous body (TABLE 2, [0200]) is made of the polymer (TABLE 2, [0200]) to improve the ionic conductivity of the separation membrane (see lithium ion battery, [0027]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Chang with the separation membrane of Hikita in order to improve the ionic conductivity of the separation membrane.
Modified Chang does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Oba discloses a lithium ion secondary battery (FIG. 3, [0039]) comprising a positive electrode mixture layer (4) comprises a positive electrode active material, a first lithium salt, and a first solvent (see GBL; TABLE 1, [0112]), a negative electrode mixture layer (7) comprises a negative electrode active material, a second lithium salt, and a second solvent (see PC, TABLE 1) that is different in composition from the first solvent (TABLE 1, [0112]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0112]) to enhance thermal stability and cycle life characteristics (TABLE 2, [0134]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of modified Chang with the first solvent and second solvent of Oba to enhance thermal stability and cycle life characteristics.
Regarding claim 7, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a porous body (16, [0055]), and
wherein the at least one resin is retained in the porous body (16, [0059]).
Regarding claim 8, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane:
wherein the porous body (16) is made of a polymer (FIG. 3, [0055]).
Regarding claim 9, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 10, modified Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a third lithium salt (20) and a third solvent (20, [0040]).
Response to Arguments
Applicant's arguments filed 13 August 2026 have been fully considered but they are not persuasive.
Applicants argue Oba does not a separation membrane comprises at least one resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group of formula (1),
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(1) wherein in formula (1), R1 represents a hydrogen atom or a methyl group (P7/¶3). Note that while Oba does not disclose all the features of the present claimed invention, Oba is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely a second solvent that is different in composition from the first solvent, wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent, and in combination with the primary reference, discloses the presently claimed invention.
Applicants argue claims 2–5 and 7–10 are also patentable because they depend from claims 1 or 6 (P7/¶4). Claims 1 and 6 are not patentable as detailed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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