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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/03/2026 has been entered.
Response to Amendment
In response to the amendment received 08/03/2026, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 103 rejections of claims 1-2, 4, 9-11, 13-15, 18-23, 26, and 30
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, 2, 4, 9, 11, 13, 14, 18-21, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170025658A1, hereafter Shi, in view of Published Application US20130224632A1 (supplied by applicant), hereafter Roumi, and further in view of Foreign Publication CA2391167A1, hereafter Gozdz.
Regarding claim 1, Shi discloses a heat-resistant battery separator (20) comprising:
two microporous layers (22,24); and
a heat-resistant layer (10) ([0039] conductive layer is thermally and mechanically stable) between the microporous layers (22,24) ([0076], Fig 37; page 8 of present specification states that the heat resistant layer may be any material that can withstand high temperatures above 160°C to above 300°C, which means the material does not deform, melt, decompose, or disintegrate at and/or above these temperatures – ceramics such as the ceramic layer (10) have considerably higher melt temperatures).
Shi is silent on an adhesive layer between the microporous layers.
In the analogous art of battery separators, Roumi discloses the use of an adhesive layer between layers of the separator ([0030] adhesive joining layers of separator).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Shi to use adhesive layers between layers of the separator in order to join the layers together more securely.
Shi is further silent on wherein the adhesive layer fully or partially impregnates the pores of one of the two microporous layers, both of the microporous layers, the heat-resistant layer, or combinations thereof.
In the analogous art of battery separators, Gozdz discloses wherein the adhesive layer fully or partially impregnates the pores of one of the two microporous layers, both of the microporous layers, the heat-resistant layer, or combinations thereof (pages 10-11, thin coating of polymer on separator and pore surfaces thereof treated with plasticizer solution to enhance the ability of the separator membrane to adhere to adjacent layers).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Shi to at least partially impregnate the pores of at least one of the microporous layers with the adhesive as disclosed by Gozdz in order to enhance the ability of the microporous layers to adhere to adjacent layers, as suggested by Gozdz.
Regarding claim 2, Shi is silent on wherein the two microporous layers are thin and each independently have a thickness of 10 nm or less, 9 nm or less, 8 nm or less, 7 nm or less, 6 nm or less, 5 nm or less, 4 nm or less, 3 nm or less, 2 nm or less, or 1 nm or less.
Roumi discloses wherein the microporous layers ([0021] all low ionic resistance layers or high mechanical strength layers may comprise microporous material) are thin and each independently have a thickness of 10 nm to 2 µm ([0039]), which overlaps with the claimed range of 10nm or less.
Roumi further discloses separator performance can be enhanced by improving the conductivity by using thinner layers ([0246]), and that the total thickness of the separator may be as low as 10 nm ([0070] 10 nm to 200 µm). The examiner notes, that since Roumi discloses the lower limit of 10 nm for the overall separator thickness, one of ordinary skill would also understand that multilayers would also include individual layers with lower than 10 nm thickness each.
As the separator conductivity is/are variable(s) that can be modified, among others, by adjusting the thickness of the layers of the separator, with the separator conductivity improving as the thickness of the separator layers is decreased, the thickness of the separator layers 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 thickness of the microporous separator layers 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 thickness of the microporous separator layers in the invention of modified Shi to obtain the desired improvement in separator conductivity (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 claim 4, Shi further discloses wherein the heat-resistant layer (10) is a ceramic layer ([0133] ceramic layer between two surfaces of microporous membranes).
Regarding claim 9, Shi further discloses wherein the heat-resistant layer (10) is porous ([0148] ceramic layer is porous).
Regarding claim 11, Roumi discloses the use of an adhesive layer between layers of the separator ([0030] polymer adhesive joining layers of separator).
Regarding the optional limitation of wherein the polymer is at least one selected from an acrylic polymer, a PVDF polymer, and combinations thereof, this limitation is considered to not be required by the claim due to recitation of the preceding term ‘optionally’.
Regarding claim 13, Shi is silent on wherein two or more adhesive layers are present.
Roumi further discloses wherein two or more adhesive layers are present ([0030] over three layers of multilayer separator attached to each other via adhesive therebetween).
Regarding the optional limitation of wherein the adhesive layer comprises, consists of, or consists essentially of a polymer and a ceramic, this limitation is considered to not be required by the claim due to recitation of the preceding term ‘optionally’.
Regarding claim 14, modified Shi discloses wherein at least one adhesive layer is present between the heat-resistant layer and each of the porous layers (Roumi [0030] over three layers of multilayer separator attached to each other via adhesive therebetween).
Regarding claim 18, Shi is silent on wherein the adhesive layer comprises, consists of, or consists essentially of a polymer and a ceramic.
Roumi further discloses wherein the adhesive layer comprises a polymer and a ceramic ([0030] acrylic adhesive and LISICON).
Regarding claim 19, Shi further discloses wherein the structure of the separator is symmetric about an axis running parallel to each of the layers of the separator (Fig 37).
Regarding claim 20, Shi further discloses wherein the separator also shuts down ([0020]).
Regarding claim 21, modified Shi further discloses a battery ([0009]) comprising the heat-resistant battery separator (20) of claim 1 ([0009, see above rejection of claim 1]).
Regarding claim 32, Shi is silent on wherein the battery separator is thin and has a thickness of 20 nm or less, 19 nm or less, 18 nm or less, 17 nm or less, 16 nm or less, 15 nm or less, 14 nm or less, 13 nm or less, 12 nm or less, 11 nm or less, 10 nm or less, 9 nm or less, 8 nm or less, 7 nm or less, 6 nm or less, or 5 nm or less.
In the analogous art of battery separators, Roumi discloses wherein the battery separator is thin and has a thickness of 20 nm or less, 19 nm or less, 18 nm or less, 17 nm or less, 16 nm or less, 15 nm or less, 14 nm or less, 13 nm or less, 12 nm or less, 11 nm or less, or 10 nm or less ([0077 separator has a total thickness of 10 nm to 200 µm]).
Roumi further discloses separator performance can be enhanced by improving the conductivity by using thinner layers ([0246]).
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 Shi to use a separator thickness of 10-20 nm as disclosed by Roumi in order to enhance the separator performance by improving the conductivity through the use of thinner layers, as suggested by Roumi ([0246]). Further, 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)).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170025658A1, hereafter Shi, in view of Published Application US20130224632A1 (supplied by applicant), hereafter Roumi, as stated above for claim 1, and further in view of Published Application US20190058177A1, hereafter Herle.
Regarding claim 10, modified Shi is silent on wherein the heat-resistant layer is non-porous.
In the analogous art of battery separators, Herle discloses a similar multilayer separator ([0035]) with a heat-resistant ceramic layer (130) between outer polymer layers ([0059], Fig 4) wherein the heat-resistant layer is non-porous ([0045] ceramic separator layer 130 is non-porous).
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 Shi to use a non-porous heat-resistant ceramic layer in order to impart increased mechanical strength, and further as a matter of the selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170025658A1, hereafter Shi, in view of US20130224632A1 (supplied by applicant), hereafter Roumi, as stated above for claim 13, and further in view of Published Application US20180034031A1, hereafter Lee.
Regarding claim 15, Shi is silent on wherein two of the two or more adhesive layers are adjacent to each other and optionally wherein the adjacent adhesive layers are made of the same or different materials.
In the analogous art of battery separators, Lee discloses wherein two of the two or more adhesive layers are adjacent each other ([0027] polymer in adhesive layer has functional groups that allow the polymer to interact with material in an adjacent adhesive layer, to enhance mechanical and barrier properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Shi to use adjacent adhesive layers with interactive functional groups in order to enhance the mechanical and barrier properties of the adhesive layer, as suggested by Lee ([0027]).
Claim(s) 22 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20190013504A1 (supplied by applicant), hereafter Choi, in view of Published Application US20200335759A1, hereafter Lane.
Regarding claim 22, Choi discloses a heat-resistant battery separator (10) comprising two (Fig 1) microporous (layers are implicitly microporous, since per [0052] the thickness of these layers is in a range of 0.01-20 µm, the pores would constitute holes through the layers if they were larger than the thickness) layers (Fig 1, [0013], heat-resistance porous layers 30) and a heat-resistant layer (20) ([0014] porous substrate 20 is polyamide imide or polyimide; page 4 of the present specification discloses the heat-resistant layer to be a high melt integrity material, which may be polyimide or polyamide imide) between the microporous layers (Fig 1, two layers 30 sandwiching layer 20), wherein:
the heat-resistant layer (20) comprises a high melt integrity material ([0014] porous substrate 20 is polyamide imide or polyimide; page 4 of the present specification discloses the high melt integrity material to be polyimide or polyamide imide), and
a surface of at least one of the two microporous layers (30) comprises a functional group that increases adhesion between that surface of one of the two microporous layers and a surface of the heat-resistant layer ([0016] porous layer 30 includes filler + binder; [0023] binder adheres porous substrate 20 on one surface of the heat-resistance porous layer 30; [0025] binder has acid anhydride functional group; page 4 of the present specification discloses the functional group to be an anhydride); and
the functional group is an anhydride ([0025] binder has acid anhydride functional group).
Choi is silent on wherein the high melt integrity material comprises, consists of, or consists essentially of an aramid.
In the analogous art of battery separators, Lane discloses wherein the high melt integrity material comprises, consists of, or consists essentially of an aramid ([0030] polymeric binder of heat resistant layer comprises aramid).
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 Choi to select an aramid binder for the high melt integrity material as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 26, Choi further discloses wherein a surface of both of the two microporous layers (Fig 1, layers 30) comprises a functional group that increases adhesion between that surface and a surface of the heat-resistant layer ([0016] porous layer 30 includes filler + binder; [0023] binder adheres porous substrate 20 on one surface of the heat-resistance porous layer 30; [0025] binder has acid anhydride functional group; page 4 of the present specification discloses the functional group to be an anhydride); and
the functional group is an anhydride ([0025] binder has acid anhydride functional group).
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20190013504A1 (supplied by applicant), hereafter Choi, in view of Published Application US20200335759A1, hereafter Lane, as stated above for claim 22, and further in view of Published Application US20130224632A1 (supplied by applicant), hereafter Roumi.
Regarding claim 33, Choi is silent on wherein the battery separator is thin and has a thickness of 20 nm or less, 19 nm or less, 18 nm or less, 17 nm or less, 16 nm or less, 15 nm or less, 14 nm or less, 13 nm or less, 12 nm or less, 11 nm or less, 10 nm or less, 9 nm or less, 8 nm or less, 7 nm or less, 6 nm or less, or 5 nm or less.
In the analogous art of battery separators, Roumi discloses wherein the battery separator is thin and has a thickness of 20 nm or less, 19 nm or less, 18 nm or less, 17 nm or less, 16 nm or less, 15 nm or less, 14 nm or less, 13 nm or less, 12 nm or less, 11 nm or less, or 10 nm or less ([0077 separator has a total thickness of 10 nm to 200 µm]).
Roumi further discloses separator performance can be enhanced by improving the conductivity by using thinner layers ([0246]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Choi to use a separator thickness of 10-20 nm as disclosed by Roumi in order to enhance the separator performance by improving the conductivity through the use of thinner layers, as suggested by Roumi ([0246]). Further, 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 08 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding the amendment to claim 1, these arguments are rendered moot in view of the new 35 U.S.C. 103 rejection of claim 1.
In response to applicant’s argument regarding claim 22 on pages 11-12 of applicant’s remarks that Choi does not disclose that a surface of the porous substrate or microporous layer comprises an anhydride functional group that increases adhesion between the microporous layer surface and a separate heat resistant layer, the examiner disagrees, and notes, as stated in the rejection, that the broadest reasonable interpretation of the claim limitation is that it requires that a surface of a microporous layer comprise the functional group that increases adhesion between the surface of the microporous layer and heat resistant layer. Thus, since the anhydride is contained in the binder in the heat resistant layer, and since the heat resistant layer shares an interface with the surfaces of the microporous layers, the functional group claimed is understood to be present at both interfaces of Choi, and by extension, on both contacting surfaces of the respective sandwiching microporous layers, meeting the claim.
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
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