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 1–20 are pending.
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 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 2023/0170581 A1.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 25 January 2023, 20 March 2023, 21 July 2023, 13 September 2023, 04 September 2024, and 17 July 2025 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
The information disclosure statement filed 18 December 2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. A legible copy of cite no. 1 (i.e., CN 103947010 A) has not been provided. A machine translation of CN 103947010 A has been provided. A machine translation does not meet the requirements of 37 CFR 1.98(a)(2)(i). A machine translation meets the requirements of 37 CFR 1.98(a)(3)(i). It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: Z (e.g. FIGS. 6B, 6C). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: BATTERY CONTAINING SEPARATOR INCLUDING BINDER-FREE CERAMIC COATING ON POLYMER SUBSTRATE.
The disclosure is objected to because of the following informalities:
The following reference character is not mentioned in the description: Z (e.g. FIGS. 6B, 6C)
Reference character 110 is referred to as a current collector in paragraph [0030]. Reference character 110 is used to designate a positive current collector; and reference character 150 is used to designate a negative current collector. Reference character 110 should be referred to as a positive current collector in paragraph [0030].
Reference character 150 is referred to as a current collector in paragraph [0030]. Reference character 110 is used to designate a positive current collector; and reference character 150 is used to designate a negative current collector. Reference character 150 should be referred to as a negative current collector in paragraph [0030].
Appropriate correction is required.
The use of the term Celgard (e.g., [0036]), which is a trade name or a mark used in commerce, has been noted in this application.
The use of the term SEPARION (e.g., [0036]), which is a trade name or a mark used in commerce, has been noted in this application.
The use of the term Hipore (e.g., [0036]), which is a trade name or a mark used in commerce, has been noted in this application.
The use of the term Energain (e.g., [0036]), which is a trade name or a mark used in commerce, has been noted in this application.
The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the term "fourth ceramic-containing layer" of claims 14 and 15 does not find proper antecedent basis in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1–20 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 "capable of conducting ions" in line 8. Claim 1 has previously recited the limitation "capable of conducting ions" in line 6. It is unclear if "ions" recited in line 8 is further limiting or referencing "ions" recited in line 6.
Claim 1 recites the limitation "capable of conducting ions" in line 10. Claim 1 has previously recited the limitation "capable of conducting ions" in line 6. It is unclear if "ions" recited in line 10 is further limiting or referencing "ions" recited in line 6.
Claims 2–4 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–4 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 5 recites the limitation "the second ceramic-containing layer has a thickness." Claim 1, which claim 5 is directly dependent, recites the limitation "the second ceramic-containing layer … has a thickness." A thickness can be measured by a variety of methods and a thin layer may have more than one thickness each dependent on the measurement method used. It is unclear if "a thickness" recited in claim 5 is further limiting "a thickness" recited in claim 1.
Claims 6–8 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 6–8 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 "the polyolefinic membrane " in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 8, which claim 9 is directly dependent, recites the limitation "a polyolefenic membrane." The term "polyolefin" is commonly used in the art. Emphases added.
Claims 10–13 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 10–13 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 14 recites the limitation "the third ceramic-containing layer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 15–18 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 15–18 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 19 recites the limitation "capable of conducting ions" in line 10. Claim 19 has previously recited the limitation "capable of conducting ions" in line 8. It is unclear if "ions" recited in line 10 is further limiting or referencing "ions" recited in line 8.
Claim 19 recites the limitation "capable of conducting ions" in line 18. Claim 19 has previously recited the limitation "capable of conducting ions" in line 8. It is unclear if "ions" recited in line 18 is further limiting or referencing "ions" recited in line 8.
Claim 20 recites the limitation "capable of conducting ions" in line 10. Claim 20 has previously recited the limitation "capable of conducting ions" in line 8. It is unclear if "ions" recited in line 10 is further limiting or referencing "ions" recited in line 8.
Claim 20 recites the limitation "capable of conducting ions" in line 12. Claim 20 has previously recited the limitation "capable of conducting ions" in line 8. It is unclear if "ions" recited in line 12 is further limiting or referencing "ions" recited in line 8.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1–3, 5, and 7–20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2013/0337312 A1, hereinafter Park).
Regarding claim 1, Park discloses a battery comprising an anode; a cathode; and a separator disposed between the anode and the cathode (see lithium secondary battery, [0053]), wherein the separator comprises:
a polymer substrate, capable of conducting ions, having a first surface and a second surface opposing the first surface (see porous substrate, [0047]),
a first ceramic-containing layer, capable of conducting ions, formed on the first surface (see SiO2 film, [0047]); and
a second ceramic-containing layer, capable of conducting ions, formed on the second surface (see both surfaces, [0047]),
wherein the second ceramic-containing layer is a binder-free ceramic-containing layer (see SiO2 film, [0047]) and
the second ceramic-containing layer has a thickness in a range from about 1 nanometer to about 1,000 nanometers (see 40 nm, [0047]).
Regarding claim 2, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the polymer substrate is a microporous ion-conducting polymeric layer (see polyethylene, [0047]).
Regarding claim 3, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein each of the first ceramic-containing layer and the second ceramic-containing layer independently comprises a material selected from porous aluminum oxide, porous-ZrO2, porous-HfO2, porous-SiO2, porous-MgO, porous-TiO2, porous-Ta2O5, porous-Nb2O5, porous-LiAlO2, porous-BaTiO3, ion-conducting garnet, anti-ion-conducting perovskites, porous glass dielectric, or combinations thereof ([0030], [0047], [0054], [0056]).
Regarding claim 5, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the thickness of the second ceramic-containing layer is in the range from about 50 nanometers to about 500 nanometers (see 40 nm, [0047]).
Regarding claim 7, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the polymer substrate has a thickness in a range from about 3 microns to about 25 microns (see 18 μm, [0047]).
Regarding claim 8, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the polymer substrate is a polyolefenic membrane (see polyethylene, [0047]).
Regarding claim 9, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the polyolefinic membrane is a polyethylene membrane or a polypropylene membrane (see polyethylene, [0047]).
Regarding claim 10, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the second ceramic-containing layer comprises porous aluminum oxide (see Al2O3, [0056]).
Regarding claim 11, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the second ceramic-containing layer further comprises zirconium oxide, silicon oxide, or combinations thereof (see one or more, [0030]).
Regarding claim 12, Park discloses all the claim limitations as set forth above and further discloses a battery, further comprising:
a third ceramic-containing layer disposed on the second ceramic-containing layer (see inner pores, [0047]).
Regarding claim 13, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the third ceramic-containing layer comprises silicon oxide and is binder-free (see SiO2 film, [0047]).
Regarding claim 14, Park discloses all the claim limitations as set forth above and further discloses a battery, further comprising:
a fourth ceramic-containing layer disposed on a third ceramic-containing layer (see inner pores, [0047]).
Regarding claim 15, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the fourth ceramic-containing layer comprises zirconium oxide, is binder-free (see ZrO2, [0030]), and
the fourth ceramic-containing layer has a thickness in a range from about 1 nanometer to about 100 nanometers (see thickness, [0030]).
Regarding claim 16, Park discloses all the claim limitations as set forth above and further discloses a battery:
wherein the anode comprises one or more of lithium metal, lithium-alloy, graphite, silicon-containing graphite, nickel, copper, tin, indium, silicon, or any combination thereof (see negative electrode, [0051]).
Regarding claim 17, Park discloses all the claim limitations as set forth above and further discloses a battery, further comprising:
an electrolyte in ionic communication with the anode and the cathode via the separator (see electrolyte, [0053]).
Regarding claim 18, Park discloses all the claim limitations as set forth above and further discloses a battery, further comprising:
a positive current collector contacting the cathode (see positive electrode, [0049]); and
a negative current collector contacting the anode (see negative electrode, [0051]),
wherein the positive current collector and the negative current collector are each independently comprises one or more materials selected from aluminum, copper, zinc, nickel, cobalt, tin, silicon, manganese, magnesium, alloys thereof, or any combination thereof ([0049], [0051]).
Regarding claim 19, Park discloses a battery comprising an anode comprising one or more of lithium metal, lithium-alloy, graphite, silicon-containing graphite, nickel, copper, tin, indium, silicon, or any combination thereof (see negative electrode, [0051]); a cathode; and a separator disposed between the anode and the cathode (see lithium secondary battery, [0053]), wherein the separator comprises:
a polymer substrate, capable of conducting ions, having a first surface and a second surface opposing the first surface (see porous substrate, [0047]),
a first ceramic-containing layer, capable of conducting ions, formed on the first surface (see SiO2 film, [0047]); and
wherein each of the first ceramic-containing layer and the second ceramic-containing layer independently comprises a material selected from porous aluminum oxide, porous-ZrO2, porous-HfO2, porous-SiO2, porous-MgO, porous-TiO2, porous-Ta2O5, porous-Nb2O5, porous-LiAlO2, porous-BaTiO3, ion-conducting garnet, anti-ion-conducting perovskites, porous glass dielectric, or combinations thereof ([0030], [0047], [0054], [0056]); and
a second ceramic-containing layer, capable of conducting ions, formed on the second surface (see both surfaces, [0047]),
wherein the second ceramic-containing layer is a binder-free ceramic-containing layer (see SiO2 film, [0047]) and
the second ceramic-containing layer has a thickness in a range from about 1 nanometer to about 1,000 nanometers (see 40 nm, [0047]).
Regarding claim 20, Park discloses a battery comprising an anode comprising one or more of lithium metal, lithium-alloy, graphite, silicon-containing graphite, nickel, copper, tin, indium, silicon, or any combination thereof (see negative electrode, [0051]); a cathode; and a separator disposed between the anode and the cathode (see lithium secondary battery, [0053]), wherein the separator comprises:
a polymer substrate, capable of conducting ions, having a first surface and a second surface opposing the first surface (see porous substrate, [0047]),
a first ceramic-containing layer, capable of conducting ions, formed on the first surface (see SiO2 film, [0047]);
a second ceramic-containing layer, capable of conducting ions, formed on the second surface (see inner pores, [0047]),
wherein the second ceramic-containing layer is a binder-free ceramic-containing layer (see SiO2- film, [0047]) and
the second ceramic-containing layer has a thickness in a range from about 1 nanometer to about 1,000 nanometers (see 40 nm, [0047]); and
a third ceramic-containing layer disposed on the second ceramic-containing layer (see both surfaces, [0047]),
wherein the third ceramic-containing layer comprises silicon oxide and is binder-free (see SiO2- film, [0047]).
Claims 1, 4, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi et al. (US 2017/0025658 A1, hereinafter Shi).
Regarding claim 1, Shi discloses a battery comprising an anode; a cathode; and a separator disposed between the anode and the cathode (FIG. 4, [0043]), wherein the separator comprises:
a polymer substrate, capable of conducting ions, having a first surface and a second surface opposing the first surface (see polymeric microporous membrane, [0043]),
a first ceramic-containing layer, capable of conducting ions, formed on the first surface (see ceramic coating, [0043]); and
a second ceramic-containing layer, capable of conducting ions, formed on the second surface (see metal oxide deposition, [0043]),
wherein the second ceramic-containing layer is a binder-free ceramic-containing layer (see binder-free, [0019]) and
the second ceramic-containing layer has a thickness in a range from about 1 nanometer to about 1,000 nanometers (see thin, [0019]).
Regarding claim 4, Shi discloses all the claim limitations as set forth above and further discloses a battery:
wherein the first ceramic-containing layer comprises a binder (see ceramic coating, [0100]).
Regarding claim 6, Shi discloses all the claim limitations as set forth above and further discloses a battery:
wherein the first ceramic-containing layer has a thickness in the range from about 1,000 nanometers and 5,000 nanometers (see thickness, [0100]).
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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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