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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 17 December 2025 has been entered.
Status of Claims and Other Notes
Claims 1–3, 5–9, and 11–18 are pending.
Claims 1–3 and 5–9 are being treated on their merits.
Claims 11–18 are withdrawn from consideration.
Claims 4 and 10 are canceled.
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 2023/0307785 A1.
Drawings
The drawings were received on 17 December 2025. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Claim Rejections - 35 USC § 112
Claims 1–3 and 5–9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "wherein the hydrophobic filler is a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide." Claim 9, which is directly dependent from claim 1, recites the limitation "wherein the hydrophobic filler is selected from ZrO2, MgO, ZnO, hydrophobic surface treated alumina, or mixtures thereof." It is unclear if the hydrophobic filler is required to be a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide because the limitation "wherein the hydrophobic filler is a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide" appears to indicate that a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide is required; whereas, the limitation "wherein the hydrophobic filler is selected from ZrO2, MgO, ZnO, hydrophobic surface treated alumina, or mixtures thereof" appears to indicate a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide is optional.
Claims 2, 3, and 5–8 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2, 3, and 5–8 are also indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "wherein the hydrophobic filler is selected from ZrO2, MgO, ZnO, hydrophobic surface treated alumina, or mixtures thereof." Claim 1, which claim 9 is directly dependent from, recites the limitation "wherein the hydrophobic filler is a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide." It is unclear if the hydrophobic filler is required to be a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide because the limitation "wherein the hydrophobic filler is a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide" appears to indicate that a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide is required; whereas, the limitation "wherein the hydrophobic filler is selected from ZrO2, MgO, ZnO, hydrophobic surface treated alumina, or mixtures thereof" appears to indicate a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide is optional.
Claim Rejections - 35 USC § 103
Claims 1–3 and 5–9 are rejected under 35 U.S.C. 103 as being unpatentable over Akashi (JP 5031150 B2) in view of Li et al. (CN 109148790 A, hereinafter Li) in view of Xu et al. (CN 107180998 A, hereinafter Xu).
Regarding claims 1, 5, 6, and 9, Akashi discloses a method for manufacturing a porous membrane suitable for use as a separator of a lithium ion battery, comprising the following steps:
1) compounding a polymer and a filler (see inorganic filler, [0030]) by a dry mixing process (see mixture, [0048]);
2) extruding a compounded mixture prepared in step 1) to obtain a cast film (see extruder, [0049]); and
3) stretching the cast film prepared in step 2) to obtain the porous membrane (see stretching, [0049]);
wherein the porous membrane is a monolayer membrane (see sample, [0049]);
wherein the method excludes liquids except the polymer in liquid state compounded with the hydrophobic filler (see without a solvent or a plasticizer, [0032]; [0049]); or
wherein the amount of the liquid is below 10% by weight, based on the total weight of the polymer and the hydrophobic filler (see without a solvent or a plasticizer, [0032]; [0049]).
Akashi does not explicitly disclose:
wherein the hydrophobic filler is a pyrogenically prepared, hydrophobic surface treated, aluminum oxide;
wherein the amount of the hydrophobic filler is from 5% to 40% by weight, based on the total weight of the polymer and the hydrophobic filler; and
wherein the amount of the hydrophobic filler is from 10% to 30% by weight, based on the total weight of the polymer and the hydrophobic filler; and
wherein the hydrophobic filler is selected from ZrO2, MgO, ZnO, hydrophobic surface treated alumina, or mixtures thereof.
Li discloses a separator comprising a polymer and a hydrophobic filler (see separator, [0030]), wherein the hydrophobic filler is a pyrogenically prepared, hydrophobic surface treated, aluminum oxide (see hydrophobic fumed alumina, [0030]); wherein the amount of the hydrophobic filler is from 5% to 40% by weight, based on the total weight of the polymer and the hydrophobic filler (see mass ratio, [0030]); and wherein the amount of the hydrophobic filler is from 10% to 30% by weight, based on the total weight of the polymer and the hydrophobic filler (see mass ratio, [0030]); and wherein the hydrophobic filler is selected from ZrO2, MgO, ZnO, hydrophobic surface treated alumina, or mixtures thereof (see hydrophobic fumed alumina, [0030]) to improve the tensile and puncture strength of the separator (see mechanical properties, [0030]). Akashi and Li are analogous because they are directed to separators. 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 filler of Akashi with the hydrophobic filler of Li in order to improve the tensile and puncture strength of the separator.
Modified Akashi does not explicitly disclose:
alkyl silane modified aluminum oxide.
Xu discloses a hydrophobic filler that is a pyrogenically prepared, hydrophobic surface treated, alkyl silane modified aluminum oxide improves the safety of the battery (see lithium batteries, [0031]). Akashi and Xu are analogous because they are directed to lithium 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 aluminum oxide of modified Akashi with the alkyl silane modified aluminum oxide of Xu in order to improve the safety of the battery.
Regarding claim 2, modified Akashi discloses all the claim limitations as set forth above and further discloses a method:
wherein the compounding is carried out in a twin-screw extruder with at least one side feeder at a rotation speed of 100 rpm to 1000 rpm (see 300 revolutions per minute, [0049]).
Regarding claim 3, modified Akashi discloses all the claim limitations as set forth above and further discloses a method:
wherein the compounding is carried out in a twin-screw extruder with at least one side feeder at a rotation speed of 300 rpm to 600 rpm (see 300 revolutions per minute, [0049]).
Regarding claim 7, modified Akashi discloses all the claim limitations as set forth above and further discloses further a method:
wherein the polymer is selected from polyolefin, polyamide, polyethylene terephthalate and polyimide, and mixtures thereof (see polyethylene, [0048]).
Regarding claim 8, modified Akashi discloses all the claim limitations as set forth above and further discloses further a method:
wherein the polyolefin is selected from polyethylene, polypropylene, polyisobutylene, poly-1-butene, copolymers of ethylene and propylene, and copolymers of ethylene and alpha olefins (see polyethylene, [0048]).
Response to Arguments
Applicant's arguments with respect to claims 1–3 and 5–9 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
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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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725