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 .
Status of Claims and Other Notes
Claims 1 and 3–15 are pending.
Claims 1, 3–6, and 15 are being treated on their merits.
Claims 7–14 are withdrawn from consideration.
Claim 2 is 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 2023/0344082 A1.
Election/Restrictions
Withdrawn process claims 7–11 do not include all the limitations of the product claim. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Drawings
The drawings were received on 11 March 2026. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Specification
Applicants' amendments have overcome the objections to the specification.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 1–6 and 15 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Rejections - 35 USC § 103
Claims 1, 3–6, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (WO 2018/145666 A1, hereinafter Xu) in view of Reinartz et al. (US 2023/0231231 A1, hereinafter Reinartz).
Regarding claim 1, Xu discloses a separator for a secondary battery (see composite lithium ion battery separator, [0131]), comprising:
a porous polymer substrate having a first and a second surface (see PMIA separator, [0131]);
a first coating layer on the first surface of the porous polymer substrate (see Al2O3 coating, [0131]),
wherein the first coating layer comprises a plurality of inorganic particles (see alumina, [0084]) and a first binder polymer (see PVDF, [0087]);
a second coating layer on the second surface of the porous polymer substrate (see Al2O3 coating, [0131]),
wherein the second coating layer comprises a plurality of inorganic particles (see alumina, [0084]) and the first binder polymer (see PVDF, [0087]); and
a third coating layer between the porous polymer substrate and the first coating layer, and/or between the porous polymer substrate and the second coating layer (see PTFE coating, [0131]),
wherein the third coating layer comprises a second binder polymer (see PTFE coating, [0131]),
wherein the second binder polymer comprises a non-wetting polymer (see PTFE coating, [0131]).
Xu does not explicitly disclose:
wherein an amount of the third coating layer is 0.066 to 0.166 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer.
Reinartz discloses a separator for a secondary battery (FIG. 2, [0046]; FIG. 4, [0046]), comprising a porous polymer substrate having a first and a second surface (see microporous layers, [0046]); a first coating layer on the first surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]), wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see heat resistant layer, [0038]); a second coating layer on the second surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]), wherein the second coating layer comprises a plurality of inorganic particles and the first binder polymer (see heat resistant layer, [0038]); and a third coating layer between the porous polymer substrate and the first coating layer, and/or between the porous polymer substrate and the second coating layer (FIG. 2, [0046]; FIG. 4, [0046]), wherein the third coating layer comprises a second binder polymer (see adhesive layer, [0050]), wherein the second binder polymer comprises a non-wetting polymer (see adhesive layer, [0050]). Reinartz discloses the first coating layer and the second coating layer are exemplified in US 6,432,586 B1 (see ceramic layer, [0038]). Reinartz discloses a thickness of the third coating layer ranges from 0.002 μm to 2 μm (see adhesive layer; [0012], [0047]) to provide a better bond between the first and second coating layers and the porous polymer substrate (see adhesive layers, [0049]). US 6,432,586 B1, which in incorporated into Reinartz, discloses a thickness of the first and second coating layers range from 0.01 μm to 25 μm (C2/L67–C3/L8). Based on the disclosed thickness, Reinartz discloses an amount of the third coating layer is 0.008 to 200 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer. Xu and Reinartz are analogous because they are directed to separators for 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 third coating layer of Xu in the amount taught by Reinartz in order to provide a better bond between the first and second coating layers and the porous polymer substrate.
Although Reinartz does not explicitly disclose a range of 0.066 to 0.166 parts by weight, Reinartz does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claim 3, Xu discloses all the claim limitations as set forth above and further discloses a separator for a secondary battery:
wherein the non-wetting polymer comprises at least one of polytetrafluoroethylene (PTFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy (PFA), or ethylene tetrafluoroethylene (ETFE) (see PTFE coating, [0131]).
Regarding claim 4, Xu discloses all the claim limitations as set forth above and further discloses a separator for a secondary battery:
wherein the second binder polymer further comprises a third binder polymer (see sodium polyacrylate, [0109]; see carboxymethyl cellulose, [0111]), and
the third binder polymer comprises an adhesive binder polymer (see sodium polyacrylate, [0109]; see carboxymethyl cellulose, [0111]).
Regarding claim 5, Xu discloses all the claim limitations as set forth above and further discloses a separator for a secondary battery:
wherein the third binder polymer comprises at least one of styrene butadiene rubber (SBR), acrylic copolymer, polyacrylic acid (PAA), polyacrylate salt, carboxymethyl cellulose (CMC), or polyvinyl alcohol (see sodium polyacrylate, [0109]; see carboxymethyl cellulose, [0111]).
Regarding claim 6, Xu discloses all the claim limitations as set forth above and further discloses a separator for a secondary battery:
wherein the first binder polymer comprises at least one of polyvinylidene fluoride, polyvinylidene fluoride-co-hexafluoropropylene, polyvinylidene fluoride-co-trichloroethylene, polyvinylidene fluoride-co-chlorotrifluoroethylene, polymethyl methacrylate, polyacrylonitrile, polyvinyl pyrrolidone, polyvinyl acetate, polyethylene-co-vinyl acetate, polyethylene oxide, cellulose acetate, cellulose acetate butyrate, cellulose acetate propionate, cyanoethylpullulan, cyanoethylpolyvinylalcohol, cyanoethyl cellulose, cyanoethyl sucrose, pullulan, carboxymethyl cellulose, acrylonitrile-styrene-butadiene copolymer, or polyimide (see PVDF, [0087]).
Regarding claim 15, Xu discloses a secondary battery, comprising a positive electrode, a negative electrode, and a separator interposed between the positive electrode and the negative electrode (see lithium ion battery, [0003]), wherein the separator (see composite lithium ion battery separator, [0131]) comprises:
a porous polymer substrate having a first and a second surface (see PMIA separator, [0131]);
a first coating layer on the first surface of the porous polymer substrate (see Al2O3 coating, [0131]),
wherein the first coating layer comprises a plurality of inorganic particles (see alumina, [0084]) and a first binder polymer (see PVDF, [0087]);
a second coating layer on the second surface of the porous polymer substrate (see Al2O3 coating, [0131]),
wherein the second coating layer comprises a plurality of inorganic particles (see alumina, [0084]) and the first binder polymer (see PVDF, [0087]); and
a third coating layer between the porous polymer substrate and the first coating layer, and/or between the porous polymer substrate and the second coating layer (see PTFE coating, [0131]),
wherein the third coating layer comprises a second binder polymer (see PTFE coating, [0131]),
wherein the second binder polymer comprises a non-wetting polymer (see PTFE coating, [0131]).
Xu does not explicitly disclose:
wherein an amount of the third coating layer is 0.066 to 0.166 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer.
Reinartz discloses a separator for a secondary battery (FIG. 2, [0046]; FIG. 4, [0046]), comprising a porous polymer substrate having a first and a second surface (see microporous layers, [0046]); a first coating layer on the first surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]), wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see heat resistant layer, [0038]); a second coating layer on the second surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]), wherein the second coating layer comprises a plurality of inorganic particles and the first binder polymer (see heat resistant layer, [0038]); and a third coating layer between the porous polymer substrate and the first coating layer, and/or between the porous polymer substrate and the second coating layer (FIG. 2, [0046]; FIG. 4, [0046]), wherein the third coating layer comprises a second binder polymer (see adhesive layer, [0050]), wherein the second binder polymer comprises a non-wetting polymer (see adhesive layer, [0050]). Reinartz discloses the first coating layer and the second coating layer are exemplified in US 6,432,586 B1 (see ceramic layer, [0038]). Reinartz discloses a thickness of the third coating layer ranges from 0.002 μm to 2 μm (see adhesive layer; [0012], [0047]) to provide a better bond between the first and second coating layers and the porous polymer substrate (see adhesive layers, [0049]). US 6,432,586 B1, which in incorporated into Reinartz, discloses a thickness of the first and second coating layers range from 0.01 μm to 25 μm (C2/L67–C3/L8). Based on the disclosed thickness, Reinartz discloses an amount of the third coating layer is 0.008 to 200 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer. 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 third coating layer of Xu in the amount taught by Reinartz in order to provide a better bond between the first and second coating layers and the porous polymer substrate.
Although Reinartz does not explicitly disclose a range of 0.066 to 0.166 parts by weight, Reinartz does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Reinartz (US 2023/0231231 A1).
Regarding claim 1, Reinartz discloses a separator for a secondary battery (FIG. 2, [0046]; FIG. 4, [0046]), comprising:
a porous polymer substrate having a first and a second surface (see microporous layers, [0046]);
a first coating layer on the first surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]),
wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see heat resistant layer, [0038]);
a second coating layer on the second surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]),
wherein the second coating layer comprises a plurality of inorganic particles and the first binder polymer (see heat resistant layer, [0038]); and
a third coating layer between the porous polymer substrate and the first coating layer, and/or between the porous polymer substrate and the second coating layer (FIG. 2, [0046]; FIG. 4, [0046]),
wherein the third coating layer comprises a second binder polymer (see adhesive layer, [0050]),
wherein the second binder polymer comprises a non-wetting polymer (see adhesive layer, [0050]);
wherein an amount of the third coating layer is 0.008 to 200 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer ([0012], [0038], [0047]).
Reinartz discloses the first coating layer and the second coating layer are exemplified in US 6,432,586 B1 (see ceramic layer, [0038]). Reinartz discloses a thickness of the third coating layer ranges from 0.002 μm to 2 μm (see adhesive layer; [0012], [0047]). US 6,432,586 B1, which in incorporated into Reinartz, discloses a thickness of the first and second coating layers range from 0.01 μm to 25 μm (C2/L67–C3/L8). Based on the disclosed thickness, Reinartz discloses an amount of the third coating layer is 0.008 to 200 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer.
Although Reinartz does not explicitly disclose a range of 0.066 to 0.166 parts by weight, Reinartz does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Response to Arguments
Applicant's arguments filed 11 March 2026 have been fully considered but they are not persuasive.
Applicants argue Reinartz is silent with respect to any amount of a third coating layer (P9/¶2). Reinartz discloses a separator for a secondary battery (FIG. 2, [0046]; FIG. 4, [0046]), comprising a porous polymer substrate having a first and a second surface (see microporous layers, [0046]); a first coating layer on the first surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]), wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see heat resistant layer, [0038]); a second coating layer on the second surface of the porous polymer substrate (FIG. 2, [0046]; FIG. 4, [0046]), wherein the second coating layer comprises a plurality of inorganic particles and the first binder polymer (see heat resistant layer, [0038]); and a third coating layer between the porous polymer substrate and the first coating layer, and/or between the porous polymer substrate and the second coating layer (FIG. 2, [0046]; FIG. 4, [0046]), wherein the third coating layer comprises a second binder polymer (see adhesive layer, [0050]), wherein the second binder polymer comprises a non-wetting polymer (see adhesive layer, [0050]). Reinartz discloses the first coating layer and the second coating layer are exemplified in US 6,432,586 B1 (see ceramic layer, [0038]). Reinartz discloses a thickness of the third coating layer ranges from 0.002 μm to 2 μm (see adhesive layer; [0012], [0047]) to provide a better bond between the first and second coating layers and the porous polymer substrate (see adhesive layers, [0049]). US 6,432,586 B1, which in incorporated into Reinartz, discloses a thickness of the first and second coating layers range from 0.01 μm to 25 μm (C2/L67–C3/L8). Based on the disclosed thickness, Reinartz discloses an amount of the third coating layer is 0.008 to 200 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer. Therefore, Reinartz is not silent with respect to any amount of a third coating layer.
Applicants argue the claimed amount of the third coating layer is critical (P9/¶3). It is noted that "the arguments of counsel cannot take the place of evidence in the record", In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965). It is the examiner’s position that the arguments provided by the applicant regarding the claimed amount of the third coating layer is critical must be supported by a declaration or affidavit. As set forth in MPEP 716.02(g), "the reason for requiring evidence in a declaration or affidavit form is to obtain the assurances that any statements or representations made are correct, as provided by 35 U.S.C. 24 and 18 U.S.C. 1001."
Applicants argue the comparative evidence in the specification establishes the unexpected results of the claimed separator (P9/¶3). The amount of the third coating layer in parts by weight based on 100 parts by weight of the first coating layer or the second coating layer is not explicitly disclosed for Examples 1 and 2 of the specification. Example 1 uses 0.014 g/m2 of the coating solution for a third coating layer and 7.5 g/m2 for the first and second coating layers (e.g., [0164]–[0167]); and Example 2 uses 1.48 g/m2 of the coating solution for a third coating layer and 7.5 g/m2 for the first and second coating layers (e.g., [0168]). The specification does not clearly indicate if these loading amounts are based on the solid contents of the coating solution or the mass of the coating solution including dispersants. The coating solution for the third coating layer includes 5 parts by weight of PTFE, 92 parts by weight of ethanol/water, 1 part by weight of surfactant, and 2 parts by weight of acrylic copolymer. If these loading amounts are based on the solid contents of the coating solution, Example 1 has an amount of the third coating layer is 0.19 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer, which is outside the claimed range, and Example 2 has an amount of the third coating layer is 20 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer, which is also outside the claimed range. If these loading amounts are based on the mass of the coating solution including dispersants, Example 1 has an amount of the third coating layer is 0.037 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer, and Example 2 has an amount of the third coating layer is 3.6 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer, which is outside the claimed range. In either interpretation, Examples 1 and 2 do not disclose the claimed range of the amount of the third coating layer in parts by weight based on 100 parts by weight of the first coating layer or the second coating layer. Therefore, the comparative evidence in the specification establishes the unexpected results of the claimed separator.
Applicants argue Reinartz does not disclose or contemplate a significantly smaller deviation in peel strength and/or adhesion to the electrode between one surface and other surface of the separator (P9/¶3). Reinartz discloses the third coating layer provides a better bond between the first and second coating layers and the porous polymer substrate (see adhesive layers, [0049]); and this improvement is exemplified by a peeling force test (e.g., [0026]). Therefore, Reinartz contemplates a significantly smaller deviation in peel strength and/or adhesion to the electrode between one surface and other surface of the separator.
Applicants argue the dependent claims are allowable based on their dependence on an allowable base claim (P10/¶1). Claim 1 is not allowable as detailed above.
Applicants argue the dependent claims are allowable for the additional features recited therein (P10/¶1). The additional features recited in the dependent claims are taught by the cited reference as detailed above.
Applicants argue claims 7–14 should be rejoined because claim 1 is allowable (P10/¶2). Claim 1 is not allowable. Further, withdrawn process claims 7–11 do not include all the limitations of the product claim. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang (CN 111384345 A; see English language equivalent, US 2021/0296626 A1) discloses a separator for a secondary battery (see separator, [0009]), comprising a porous polymer substrate having a first and a second surface (see porous substrate layer, [0046]); a first coating layer on the first surface of the porous polymer substrate (see ceramic coating layer, [0009]), wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see ceramic coating layer, [0014]); and a third coating layer between the porous polymer substrate and the first coating layer (see intermediate layer, [0009]), wherein an amount of the third coating layer is 0.2 to 4 parts by weight based on 100 parts by weight of the first coating layer ([0010], [0011]).
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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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