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 .
Election/Restrictions
Applicant’s election without traverse of Group II, corresponding to Claims 8-14 and 16-19 in the reply filed on September 25, 2025 is acknowledged. Claims 1-7 and 15 are withdrawn from consideration.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 8, 9, 11-13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by International Patent Application Publication No. WO 2015/005420 to Komeda et al. (English translation obtained from PE2E database is referenced in this Action) (“Komeda”).
With regard to Claims 8, 12, 13, and 16, Komeda discloses a piezoelectric sheet comprising a nonwoven fabric containing fibers that comprise an organic polymer and an inorganic filler. See, e.g., Abstract, entire document. Komeda discloses that the organic polymer is a heat resistant polymer selected from polyamide, polyamide imide, and polyimide. Page 3. Komeda teaches that the organic polymer is mixed with a solvent to form a spinning solution, page 4, which can include a surfactant having a fluoroalkyl group. Page 5. With regard to Claims 9 and 11, Komeda discloses that the surfactant can be “an ammonium salt of an acid having a perfluoroalkyl group.” Id.
Claims 8, 9, 11-13, and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by International Patent Application Publication No. WO 2016/002637 to Nishikawa (English translation obtained from PE2E database is referenced in this Action) (“Nishikawa”).
With regard to Claims 8, 12, 13, and 16-18, Nishikawa discloses a separator for nonaqueous secondary batteries that contains a resin and a fluorine-containing nonionic surfactant. See, e.g., Abstract, entire document. Nishikawa discloses that the separator can comprise a porous substrate, such as a nonwoven fabric. Page 10. Nishikawa discloses that the nonwoven fabric is coated with a heat resistant resin, such as polyamide, polyimide, polyamide imide, or polyether ketone. Page 9. Nishikawa discloses that the battery separator further includes a surfactant that contains a fluoroalkyl group. Page 5. With regard to Claim 9, Nishikawa discloses that the surfactant can include an oxyethylene group. See, e.g., Examples 9-11. With regard to Claim 11, Nishikawa does not disclose a structure in which repeating units containing a fluoroalkyl group are linked.
Claim Rejections - 35 USC § 103
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Komeda in view of U.S. Patent No. 6,410,677 to Enoki et al. (“Enoki”).
With regard to Claim 10, Komeda does not disclose that the surfactant contains a carboxyl group, a sulfonic acid group, a hydroxyl group, or is an alkali or alkaline metal salt. Enoki is also related to heat-resistant resin materials useful in electrical products. See, e.g., Abstract, entire document. Enoki teaches that suitable fluoroalkyl surfactants useful with heat resistant resins include surfactants containing a carboxyl group, a sulfonic acid group, a hydroxyl group, or is an alkali or alkaline metal salt. Column 2, line 63 – column 4, line 35. It would have been obvious to a person having ordinary skill in the art at the time of the invention to provide a surfactant containing a carboxyl group, a sulfonic acid group, a hydroxyl group, or is an alkali or alkaline metal salt in the heat resistant resin disclosed by Komeda since Enoki establishes that such a modification is well known and can be done in a predictable manner, and because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability and desired characteristics. In re Leshin, 277 F.2d 197 (CCPA 1960).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa in view Enoki.
With regard to Claim 10, Nishikawa does not disclose that the surfactant contains a carboxyl group, a sulfonic acid group, a hydroxyl group, or is an alkali or alkaline metal salt. Enoki is also related to heat-resistant resin materials useful in electrical products. See, e.g., Abstract, entire document. Enoki teaches that suitable fluoroalkyl surfactants useful with heat resistant resins include surfactants containing a carboxyl group, a sulfonic acid group, a hydroxyl group, or is an alkali or alkaline metal salt. Column 2, line 63 – column 4, line 35. It would have been obvious to a person having ordinary skill in the art at the time of the invention to provide a surfactant containing a carboxyl group, a sulfonic acid group, a hydroxyl group, or is an alkali or alkaline metal salt in the heat resistant resin disclosed by Nishikawa since Enoki establishes that such a modification is well known and can be done in a predictable manner, and because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability and desired characteristics. In re Leshin, 277 F.2d 197 (CCPA 1960).
Claims 14 and 17-19 is rejected under 35 U.S.C. 103 as being unpatentable over Komeda in view of International Patent Application Publication No. WO 2019/009037 (the English equivalent, U.S. Patent Application Publication No. 2020/0131366 to Chayama et al., is referenced herein) (“Chayama”).
With regard to Claim 14, Komeda does not disclose that the heat resistant polymer contains 30 mol% or more of a structure represented by the general formulae (6) or (7). Chayama is also related to heat resistant polymer resins, such as polyimide, polyamide, or polyamide imide, for use in electronic devices. See, e.g., Abstract, entire document. Chayama discloses that improved electrospinning fiber diameter can be provided to a heat resistant polymer by including 50 mol% or more of a structure represented by the general formulae (6) or (7) in the polymer. Paragraphs [0014] and [0017] to [0040]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide the heat resistant resin disclosed by Komeda with more than 30 mol% of a structure represented by the general formulae (6) or (7) in the polymer in order to provide improved electrospinning fiber diameter, as shown to be known by Chayama. With regard to Claims 17-19, Chayama teaches the person having ordinary skill in the art that such fibers are suitable for use in nonwoven fabrics to provide separators for power storage elements such as secondary batteries and electric double layer capacitors. Paragraph [0084]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to utilize the nonwoven fabric taught by the combination of Komeda with Chayama in battery separator applications, such as secondary batteries or electric double layer capacitors, as shown to be well known by Chayama.
Claims 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa in view of Chayama.
With regard to Claim 14, Nishikawa does not disclose that the heat resistant polymer contains 30 mol% or more of a structure represented by the general formulae (6) or (7). Chayama is also related to heat resistant polymer resins, such as polyimide, polyamide, or polyamide imide, for use in electronic devices. See, e.g., Abstract, entire document. Chayama discloses that improved electrospinning fiber diameter can be provided to a heat resistant polymer by including 50 mol% or more of a structure represented by the general formulae (6) or (7) in the polymer. Paragraphs [0014] and [0017] to [0040]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide the heat resistant resin disclosed by Nishikawa with more than 30 mol% of a structure represented by the general formulae (6) or (7) in the polymer in order to provide improved electrospinning fiber diameter, as shown to be known by Chayama. With regard to Claim 19, Chayama establishes that battery separators useful with secondary batteries can also be used in electric double layer capacitors. Paragraph [0084]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to utilize the battery separator disclosed by Nishikawa in an electric double layer capacitor in order to find additional uses for the material, as shown to be known in the art by Chayama.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY R PIERCE whose telephone number is (571)270-1787. The examiner can normally be reached Monday - Friday, 9 am to 5 pm.
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, Marla D. McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JEREMY R. PIERCE
Primary Examiner
Art Unit 1789
/JEREMY R PIERCE/Primary Examiner, Art Unit 1789