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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/10/2023, 06/04/2024, 10/01/2024, 07/24/2025 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 § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6, 8, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (JP2016007816A) hereinafter "Tamura", cited on the IDS filed 06/04/2024, in view of Smalley et al. (US 6183714 B1) hereinafter "Smalley". Reference is made to the enclosed machine translation.
Regarding claim 1, Tamura teaches a separator comprising a porous substrate and a conductive layer disposed on the porous substrate ([0007]; [0028]), wherein the conductive layer comprises carbon nanotubes ([0028] “carbon nanotube being particularly preferred”; [0026]-[0029]; [0098]-[0099]).
Tamura does not teach wherein the conductive layer comprises carbon nanotube structures, each of the carbon nanotube structures comprising a plurality of single-walled carbon nanotube units bonded to each other side by side, and wherein the carbon nanotube structures have an average diameter of 2 nm to 500 nm.
However, Smalley teaches carbon nanotube structures in which a plurality of single-walled carbon nanotube units are bonded to each other side by side (column 1, lines 30-34 “ropes of single-walled carbon nanotubes”; column 12 lines 19-38, single-walled carbon nanotubes run generally parallel to other single-walled carbon nanotubes; column 4 lines 11-16), and the carbon nanotube structures have an average diameter of 2 nm to 500 nm (Column 14 lines 21-34, rope diameter of 2-20nm; column 13-14, Example 3). Smalley teaches that the ropes of single-walled carbon nanotubes will conduct electrical charges with a relatively low resistance and can be used in any application where an electrical conductor is needed (column 4 lines 11-16).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the conductive layer taught by Tamura by using the carbon nanotube rope material taught by Smalley as the conductive carbon nanotube material.
One of ordinary skill in the art could have modified the conductive layer taught by Tamura by using the carbon nanotube rope material taught by Smalley as the conductive carbon nanotube material with a reasonable expectation of successfully producing a separator with a conductive coating because ropes of single-walled carbon nanotubes with an average diameter of 2-20nm is a known type of conductive carbon nanotube material. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07).
Regarding claim 2, Tamura in view of Smalley teaches the separator of claim 1. Smalley teaches carbon nanotube structures in which a plurality of single-walled carbon nanotube units are bonded to each other side by side (column 1, lines 30-34 “ropes of single-walled carbon nanotubes”; column 12 lines 19-38, single-walled carbon nanotubes run generally parallel to other single-walled carbon nanotubes; column 4 lines 11-16). Smalley teaches wherein the single-walled carbon nanotubes are more likely to be free of defects and are stronger and more conductive that multi-walled carbon nanotubes of similar diameter (column 3 lines 43-52). Smalley teaches wherein a tangle collected of ropes stuck together form a conductive mat and carbon nanotube ropes can have occasional branching (column 14 lines 46-55; column 14 lines 2-20).
The single-walled carbon nanotube ropes taught by Smalley, when used as the conductive carbon nanotube material in the coating layer taught by Tamura, would tangle together and form a mat, or network, structure thereby meeting the limitation of claim 2.
Regarding claim 3, Tamura in view of Smalley teaches the separator of claim 1. Smalley further teaches wherein the carbon nanotube structures have an average length of 0.1-1000µm (column 14 lines 21-46).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have further modified the conductive layer taught by Tamura by using the carbon nanotube rope material with a length of 0.1-1000µm taught by Smalley as the conductive carbon nanotube material.
One of ordinary skill in the art could have modified the conductive layer taught by Tamura by using the carbon nanotube rope material with a length of 0.1-1000µm taught by Smalley as the conductive carbon nanotube material with a reasonable expectation of successfully producing a separator with a conductive coating because ropes of single-walled carbon nanotubes with a length of 0.1-1000µm is a known type of conductive carbon nanotube material. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP §2144.05).
Regarding claim 4, Tamura in view of Smalley teaches the separator of claim 1. Tamura further teaches wherein the conductive layer has a thickness of 10 nm to 2,000 nm ([0035] “thickness of the conductive layer is…more preferably 10 to 100 nm.”).
Regarding claim 5, Tamura in view of Smalley teaches the separator of claim 1. Tamura further teaches wherein the conductive layer has a surface resistance of 1x102 Ω/□ to 1x1011 Ω/□ ([0007]; [0025]; [0025] of the original document supports this conclusion, showing a resistivity of 1x102 Ω/□ to 1x1011 Ω/□). The range taught by Tamura overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP §2144.05).
Regarding claim 6, Tamura in view of Smalley teaches the separator of claim 1. Tamura further teaches wherein the conductive layer further comprises an additive covering at least a portion of a surface of the carbon nanotube structure ([0032] “dispersant”).
Regarding claim 8, Tamura in view of Smalley teaches the separator of claim 1. Tamura teaches wherein air permeability of the separator is in a range of 50 to 1,000 seconds/100 ml ([0024]; [0007]). The range taught by Tamura fully encompasses the claimed range. "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
Regarding claim 10, Tamura in view of Smalley teaches the separator of claim 1. Tamura further teaches wherein the conductive layer is disposed on one surface of the porous substrate ([0022]; [0056]; the conductive layer may be disposed on only one side, or on both sides, of a porous film, both of which meet the claimed limitation).
Regarding claim 11, Tamura in view of Smalley teaches the separator of claim 1. Tamura further teaches a secondary battery comprising an electrode and a separator ([0066]; [0090]).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura (JP2016007816A) in view of Smalley (US 6183714 B1), as applied above, in further view of Hatanaka et al. (US 20210028463 A1) hereinafter "Hatanaka".
Regarding claim 7, Tamura in view of Smalley teaches the separator of claim 6. Tamura further teaches wherein when carbon nanotubes are used as the conductive component of the conductive layer dispersants can include water-soluble cellulose, or water-soluble cellulose derivative ([0032]).
Tamura in view of Smalley does not teach wherein the additive specifically comprises a carboxymethyl cellulose.
However, Hatanaka teaches a conductive layer ([0021]; abstract) wherein the conductive layer includes a conductive carbon material, such as carbon nanotubes ([0034]; [0050]), a dispersant and a solvent ([0021]). Hatanaka teaches wherein the dispersant may be selected from known dispersants used for conductive carbon materials, for example carboxymethylcellulose ([0051]).
Tamura teaches the use of water-soluble cellulose, or water-soluble cellulose derivatives as dispersants for carbon nanotubes ([0032]). Hatanaka teaches carboxymethylcellulose as a dispersant for carbon nanotubes ([0051]). Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have selected carboxymethylcellulose, as taught by Hatanaka, as the water-soluble cellulose dispersant of Tamura.
One of ordinary skill in the art could have selected carboxymethylcellulose, as taught by Hatanaka, as the water-soluble cellulose dispersant of Tamura with a reasonable expectation of success because it is a known water-soluble cellulose derivative.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura (JP2016007816A) in view of Smalley (US 6183714 B1), as applied above, in further view of Huang et al. (US 20190207191 A1) hereinafter "Huang".
Regarding claim 9, Tamura in view of Smalley teaches the separator of claim 1.
Tamura in view of Smalley does not teach wherein the separator further comprises an inorganic coating layer comprising inorganic particles between the porous substrate and the conductive layer.
However, Huang teaches a separator including a porous substrate and an inorganic layer disposed on the substrate (abstract; [0006]). Huang teaches that providing an ultra-thin inorganic layer containing no binder on the surface of the porous substrate, improves interfacial wettability and thermal shrinkage resistance ([0009]). Huang further teaches wherein the separator has favorable mechanical strength and thermal shrinkage while having high energy density ([0009]). Huang teaches that the inorganic layer is prevented from cracking and falling off which minimizes decrease of mechanical strength and blockage of pores, thereby improving safety ([0009]; [0031]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the separator taught by Tamura in view of Smalley by including an inorganic coating layer on the porous substrate as taught by Huang.
One of ordinary skill in the art would be motivated to modify the separator taught by Tamura in view of Smalley by including an inorganic coating layer on the porous substrate as taught by Huang to increase safety ([0009]; [0031]).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura (JP2016007816A) in view of Smalley (US 6183714 B1), as applied above, in further view of Chun (US 20150295270 A1). Cited on the IDS filed 2/10/2023.
Regarding claim 12, Tamura in view of Smalley teaches the battery of claim 11. Tamura in view of Smalley further teaches wherein the electrode comprises a positive electrode and a negative electrode, wherein the separator is disposed between the positive electrode and the negative electrode, wherein the positive electrode comprises a positive electrode collector and a positive electrode active material layer ([0090] aluminum foil is considered a positive electrode collector).
Tamura in view of Smalley does not teach wherein the positive electrode collector comprises an uncoated portion that does not overlap the positive electrode active material layer, wherein the uncoated portion comprises a current applying part corresponding to an end region of the uncoated portion, and wherein the conductive layer is in contact with the current applying part.
However, Chun teaches an electrode assembly comprising a positive electrode and a negative electrode, a separator disposed between the positive electrode and the negative electrode, wherein the positive electrode comprises a positive electrode collector and a positive electrode active material layer (abstract; [0010]; Fig. 4), wherein the positive electrode collector comprises an uncoated portion that does not overlap the positive electrode active material layer (Fig. 4; the uncoated portion is located adjacent to the positive electrode active material layer), the uncoated portion comprises a current applying part corresponding to an end region of the uncoated portion ([0010]; Fig. 4; [0043]-[0046]; [0051]). Chun teaches wherein during external short circuits, a high current flow may flow through the positive electrode tab cause an increase in temperature and a deformation of a separator ([0064]) whereby a positive electrode tab may come in contact with a negative electrode coating portion causing burning or explosion ([0064]). Chun teaches that appropriately setting the widths of uncoated portions of the positive and negative collectors, contact between a positive electrode tab and a negative electrode coating portion can be avoided, increasing the safety of the battery ([0065]).
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It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the battery taught by Tamura in view of Smalley such that a positive electrode collector comprises an uncoated portion that does not overlap the positive electrode active material layer, the uncoated portion comprises a current applying part corresponding to an end region of the uncoated portion as taught by Chun.
One of ordinary skill in the art would have been motivated to modify the battery taught by modified Tamura such that a positive electrode collector comprises an uncoated portion that does not overlap the positive electrode active material layer, the uncoated portion comprises a current applying part corresponding to an end region of the uncoated portion as taught by Chun to increase the safety of the battery ([0064]-[0065]).
Tamura in view of Smalley in view of Chun does not explicitly teach wherein a conductive layer is in contact with the current applying part.
However, Tamura in view of Smalley teaches wherein the conductive layer is disposed on one surface of the porous substrate ([0022]; [0056]; the conductive layer may be disposed on only one side, or on both sides, of a porous film).
Therefore, in the case where the conductive layer is disposed on both sides of a porous substrate to form a separator, and the separator is used in a battery configuration as taught by Chun, the conductive layer would necessarily be in contact with the current applying part (see Chun Fig. 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nishino et al. (JP 2017084759 A) teaches a fibrous carbon nanotube aggregate formed from single-layer carbon nanotubes (abstract). Cited on the IDS filed 2/20/2023.
Lee et al. (US20190074538A1) teaches a conductive carbon material composed of carbon nanotubes wherein the carbon nanotube is a secondary structure which is formed by assembling a plurality of carbon nanotube units wherein the carbon nanotube may be a bundle type having the form of a bundle or rope, in which axes in longitudinal directions of the plurality of carbon nanotube units are arranged side by side in substantially the same orientation ([0049]-[0052]).
Choi et al. (US 20180248195 A1) the conductive layer includes a porous network structure formed by a plurality of second carbon nanotubes (abstract; [0069])
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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