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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02 July 2026 has been entered.
Election/Restrictions
Applicant is advised that the process claims have not been amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04.
Status of Claims and Other Notes
Claims 1 and 4–16 are pending.
Claims 1, 4–6, 15, and 16 are being treated on their merits.
Claims 7–14 are withdrawn from consideration.
Claims 2 and 3 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 2023/0344082 A1.
Claim Rejections - 35 USC § 103
Claims 1, 4–6, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US 2009/0197158 A1, hereinafter Ogawa) in view of Kim et al. (US 2020/0127264 A1, hereinafter Kim).
Regarding claim 1, Ogawa discloses a separator (23) for a secondary battery (20, [0029]), comprising:
a porous polymer substrate (23A) having a first and a second surface (FIG. 3A, [0044]);
a first coating layer (23C) on the first surface of the porous polymer substrate (23A, [0047]),
wherein the first coating layer (23C) comprises a plurality of inorganic particles and a first binder polymer (FIG. 3A, [0046]);
a second coating layer (23C) on the second surface of the porous polymer substrate (23A, [0047]),
wherein the second coating layer (23C) comprises a plurality of inorganic particles and the first binder polymer (FIG. 3A, [0046]); and
a third coating layer (23B) between the porous polymer substrate (23A) and the first coating layer (23C), and/or between the porous polymer substrate (23A) and the second coating layer (23C, TABLE 1),
wherein the third coating layer (23B) comprises a second binder polymer (TABLE 1, [0076]),
wherein the second binder polymer comprises a non-wetting polymer (TABLE 1, [0076]),
wherein an amount of the third coating layer (23B, [0052]) is 0.05 to 25 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer (23C, [0053]; see thickness, [0054]),
wherein the non-wetting polymer comprises at least one of polytetrafluoroethylene (PTFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy (PFA), or ethylene tetrafluoroethylene (ETFE) (TABLE 1, [0076]).
Ogawa discloses a thickness of each of the first, second, and third coating layers. A thickness ratio between two coating layers is proportional to a weight ratio between the two coating layers. Based on the disclosed thicknesses, Ogawa discloses an amount of the third coating layer is 0.05 to 25 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer.
Although Ogawa does not explicitly disclose a range of 0.066 to 0.166 parts by weight, Ogawa 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.
Ogawa does not explicitly disclose:
wherein a weight ratio of the first plurality of inorganic particles to the first binder polymer in the first coating layer and a weight ratio of the second plurality of inorganic particles to the first binder polymer in the second coating layer are in a range of 70:30 to 80:20.
Kim discloses a separator for a secondary battery comprising a porous polymer substrate having a first and a second surface (see both surfaces, [0042]); a first coating layer on the first surface of the porous polymer substrate (see coating layers, [0042]), wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see coating layer, [0029]); a second coating layer on the second surface of the porous polymer substrate (see coating layers, [0042]), wherein the second coating layer comprises a plurality of inorganic particles and the first binder polymer (see coating layer, [0029]); wherein a weight ratio of the first plurality of inorganic particles to the first binder polymer in the first coating layer and a weight ratio of the second plurality of inorganic particles to the first binder polymer in the second coating layer are in a range of 70:30 to 80:20 to balance the adhesion strength with the improvement of lifetime characteristics ([0038], [0070]). Ogawa and Kim 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 first and second coating layers of Ogawa with the weight ratio as taught by Kim in order to balance the adhesion strength with the improvement of lifetime characteristics.
Regarding claim 4, modified Ogawa 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 polymeric compound, [0105]), and
the third binder polymer comprises an adhesive binder polymer (see polymeric compound, [0105]).
Regarding claim 5, modified Ogawa 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 polymeric compound, [0105]).
Regarding claim 6, modified Ogawa 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 polyimide, [0046]).
Regarding claim 15, Ogawa discloses a secondary battery (20), comprising a positive electrode (21), a negative electrode (22), and a separator (23) interposed between the positive electrode (21) and the negative electrode (22, [0029]), wherein the separator (20) comprises:
a porous polymer substrate (23A) having a first and a second surface (FIG. 3A, [0044]);
a first coating layer (23C) on the first surface of the porous polymer substrate (23A, [0047]),
wherein the first coating layer (23C) comprises a plurality of inorganic particles and a first binder polymer (FIG. 3A, [0046]);
a second coating layer (23C) on the second surface of the porous polymer substrate (23A, [0047]),
wherein the second coating layer (23C) comprises a plurality of inorganic particles and the first binder polymer (FIG. 3A, [0046]); and
a third coating layer (23B) between the porous polymer substrate (23A) and the first coating layer (23C), and/or between the porous polymer substrate (23A) and the second coating layer (23C, TABLE 1),
wherein the third coating layer (23B) comprises a second binder polymer (TABLE 1, [0076]),
wherein the second binder polymer comprises a non-wetting polymer (TABLE 1, [0076]),
wherein an amount of the third coating layer (23B, [0052]) is 0.05 to 25 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer (23C, [0053]; see thickness, [0054]),
wherein the non-wetting polymer comprises at least one of polytetrafluoroethylene (PTFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy (PFA), or ethylene tetrafluoroethylene (ETFE) (TABLE 1, [0076]).
Ogawa discloses a thickness of each of the first, second, and third coating layers. A thickness ratio between two coating layers is proportional to a weight ratio between the two coating layers. Based on the disclosed thicknesses, Ogawa discloses an amount of the third coating layer is 0.05 to 25 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer.
Although Ogawa does not explicitly disclose a range of 0.066 to 0.166 parts by weight, Ogawa 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.
Ogawa does not explicitly disclose:
wherein a weight ratio of the first plurality of inorganic particles to the first binder polymer in the first coating layer and a weight ratio of the second plurality of inorganic particles to the first binder polymer in the second coating layer are in a range of 70:30 to 80:20.
Kim discloses a separator for a secondary battery comprising a porous polymer substrate having a first and a second surface (see both surfaces, [0042]); a first coating layer on the first surface of the porous polymer substrate (see coating layers, [0042]), wherein the first coating layer comprises a plurality of inorganic particles and a first binder polymer (see coating layer, [0029]); a second coating layer on the second surface of the porous polymer substrate (see coating layers, [0042]), wherein the second coating layer comprises a plurality of inorganic particles and the first binder polymer (see coating layer, [0029]); wherein a weight ratio of the first plurality of inorganic particles to the first binder polymer in the first coating layer and a weight ratio of the second plurality of inorganic particles to the first binder polymer in the second coating layer are in a range of 70:30 to 80:20 to balance the adhesion strength with the improvement of lifetime characteristics ([0038], [0070]). 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 first and second coating layers of Ogawa with the weight ratio as taught by Kim in order to balance the adhesion strength with the improvement of lifetime characteristics.
Regarding claim 16, Ogawa discloses a separator (23) for a secondary battery (20, [0029]), comprising:
a porous polymer substrate (23A) having a first and a second surface (FIG. 3A, [0044]);
a first coating layer (23C) on the first surface of the porous polymer substrate (23A, [0047]),
wherein the first coating layer (23C) comprises a plurality of inorganic particles and a first binder polymer (FIG. 3A, [0046]);
a second coating layer (23C) on the second surface of the porous polymer substrate (23A, [0047]),
wherein the second coating layer (23C) comprises a plurality of inorganic particles and the first binder polymer (FIG. 3A, [0046]); and
a third coating layer (23B) between the porous polymer substrate (23A) and the first coating layer (23C), and/or between the porous polymer substrate (23A) and the second coating layer (23C, TABLE 1),
wherein the third coating layer (23B) comprises a second binder polymer (TABLE 1, [0076]),
wherein the second binder polymer comprises a non-wetting polymer (TABLE 1, [0076]),
wherein an amount of the third coating layer (23B, [0052]) is 0.05 to 25 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer (23C, [0053]; see thickness, [0054]),
wherein the non-wetting polymer comprises at least one of polytetrafluoroethylene (PTFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy (PFA), or ethylene tetrafluoroethylene (ETFE) (TABLE 1, [0076]).
Ogawa discloses a thickness of each of the first, second, and third coating layers. A thickness ratio between two coating layers is proportional to a weight ratio between the two coating layers. Based on the disclosed thicknesses, Ogawa discloses an amount of the third coating layer is 0.05 to 25 parts by weight based on 100 parts by weight of the first coating layer or the second coating layer.
Although Ogawa does not explicitly disclose a range of 0.066 to 0.166 parts by weight, Ogawa 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.
Ogawa does not explicitly disclose:
wherein the separator has a deviation in peel strength between the first surface of the porous polymer substrate and the second surface of the porous polymer substrate of 100 gf/15 mm or less.
Kim discloses a separator a deviation in peel strength between a first surface of a porous polymer substrate and a second surface of the porous polymer substrate of 100 gf/15 mm or less to uniformly suppress volume change of the lithium battery (see same adhesive strength, [0059]). 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 porous polymer substrate of Ogawa with the deviation in peel strength as taught by Kim in order to uniformly suppress volume change of the lithium battery.
Response to Arguments
Applicant’s arguments with respect to claims 1, 4–6, 15, and 16 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
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