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 1–9 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 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 2023/0318136 A1.
Drawings
The drawings were received on 02 December 2025. 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 1–9 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Rejections - 35 USC § 103
Claims 1–4 and 7–9 are rejected under 35 U.S.C. 103 as being unpatentable over Jia et al. (CN 111081944 A, hereinafter Jia).
Regarding claim 1, Jia discloses a nonaqueous electrolyte secondary battery separator comprising:
a mixed layer (see middle layer, [0056]) comprising a heat-resistant resin (see polyimide, [0056]) and a porous film (see intermediate layer, [0057]) containing a polyolefin-based resin (see PE resin, [0056]); and
a heat-resistant layer in contact with the mixed layer (see surface layer, [0060]).
wherein the heat-resistant layer comprises a heat-resistant resin (see high thermal stability, [0058]),
in the mixed layer, a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 (see mass ratio, [0056])
wherein the porous film contains the polyolefin-based resin in an amount of not less than 30% by volume and not more than 77% by volume relative to a total volume of components of the porous film (see intermediate layer, [0030]; see middle layer, [0056]),
when an SEM image which includes a cross section of the nonaqueous electrolyte secondary battery separator in a thickness direction is analyzed (see intermediate, layer, [0030]).
Although Jia does not explicitly disclose a range of not less than 50% by volume, Jia 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.
Jia does not explicitly disclose:
luminance distribution of the mixed layer in the thickness direction satisfying the following conditions:
condition 1 a luminance X1 is not less than 20%; and
condition 2 a luminance X2 is not less than 9%,
where a luminance at a point at a depth of 10% of a thickness of the porous film from an interface between the mixed layer and the heat-resistant layer is X1%,
a luminance at a point at a depth of 30% of the thickness of the porous film from the interface between the mixed layer and the heat-resistant layer is X2%, and
an average of luminances of the entire heat-resistant layer is 100%;
wherein a value, represented by the following expression (1), of the heat-resistant layer is not less than 5%: a luminance X3 (%) - a luminance X4 (%) .. expression (1)
where the luminance X3 indicates an average value of luminances of a part from the interface between the heat-resistant layer and the mixed layer to a depth of 20% of a thickness of the heat-resistant layer from the interface,
the luminance X4 indicates an average value of luminances of a part from an outermost surface of the heat-resistant layer to a depth of 20% of the thickness of the heat-resistant layer from the outermost surface.
The instant application discloses the luminance is a parameter indicating the amount of the heat-resistant resin contained in the mixed layer (e.g., [0053]). The luminances X1 and X2 indicate the amount of the heat-resistant resin contained at a depth of 10% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer is greater than the amount of the heat-resistant resin contained at a depth of 30% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer; and luminances X3 and X4 indicate an amount of the heat-resistant resin contained in a part from the interface between the heat-resistant layer and the mixed layer to a depth of 20% of a thickness of the heat-resistant layer from the interface is greater than an amount of the heat-resistant resin contained in a part from an outermost surface of the heat-resistant layer to a depth of 20% of the thickness of the heat-resistant layer from the outermost surface.
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Jia discloses a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 in the mixed layer (see mass ratio, [0056]). Therefore, Jia discloses the claimed luminances.
Regarding claim 2, Jia discloses all the claim limitations as set forth above and further discloses a nonaqueous electrolyte secondary battery separator:
wherein the heat-resistant layer further contains a filler (see ceramic nanoparticles, [0058]).
Regarding claim 3, Jia discloses all the claim limitations as set forth above and further discloses a nonaqueous electrolyte secondary battery separator:
wherein an amount of the filler contained in the heat-resistant layer is not less than 20% by weight and not more than 90% by weight, relative to a total weight of the heat-resistant layer (see surface layer, [0058]).
Regarding claim 7, Jia discloses a nonaqueous electrolyte secondary battery member comprising a positive electrode; a nonaqueous electrolyte secondary battery separator; and a negative electrode, the positive electrode, the nonaqueous electrolyte secondary battery separator, and the negative electrode being disposed in this order (see lithium ion battery, [0045]–[0050]), wherein the nonaqueous electrolyte secondary battery separator comprises:
a mixed layer (see middle layer, [0056]) comprising a heat-resistant resin (see polyimide, [0056]) and a porous film (see intermediate layer, [0057]) containing a polyolefin-based resin (see PE resin, [0056]); and
a heat-resistant layer in contact with the mixed layer (see surface layer, [0060]).
wherein the heat-resistant layer comprises a heat-resistant resin (see high thermal stability, [0058]),
in the mixed layer, a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 (see mass ratio, [0056])
wherein the porous film contains the polyolefin-based resin in an amount of not less than 30% by volume and not more than 77% by volume relative to a total volume of components of the porous film (see intermediate layer, [0030]; see middle layer, [0056]),
when an SEM image which includes a cross section of the nonaqueous electrolyte secondary battery separator in a thickness direction is analyzed (see intermediate, layer, [0030]).
Although Jia does not explicitly disclose a range of not less than 50% by volume, Jia 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.
Jia does not explicitly disclose:
luminance distribution of the mixed layer in the thickness direction satisfying the following conditions:
condition 1 a luminance X1 is not less than 20%; and
condition 2 a luminance X2 is not less than 9%,
where a luminance at a point at a depth of 10% of a thickness of the porous film from an interface between the mixed layer and the heat-resistant layer is X1%,
a luminance at a point at a depth of 30% of the thickness of the porous film from the interface between the mixed layer and the heat-resistant layer is X2%, and
an average of luminances of the entire heat-resistant layer is 100%.
The instant application discloses the luminance is a parameter indicating the amount of the heat-resistant resin contained in the mixed layer (e.g., [0053]). The luminances X1 and X2 indicate the amount of the heat-resistant resin contained at a depth of 10% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer is greater than the amount of the heat-resistant resin contained at a depth of 30% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer.
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Jia discloses a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 in the mixed layer (see mass ratio, [0056]). Therefore, Jia discloses the claimed luminances.
Regarding claim 8, Jia discloses a nonaqueous electrolyte secondary battery comprising a nonaqueous electrolyte secondary battery separator (see lithium ion battery, [0045]–[0050]), wherein the nonaqueous electrolyte secondary battery separator comprises:
a mixed layer (see middle layer, [0056]) comprising a heat-resistant resin (see polyimide, [0056]) and a porous film (see intermediate layer, [0057]) containing a polyolefin-based resin (see PE resin, [0056]); and
a heat-resistant layer in contact with the mixed layer (see surface layer, [0060]).
wherein the heat-resistant layer comprises a heat-resistant resin (see high thermal stability, [0058]),
in the mixed layer, a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 (see mass ratio, [0056])
wherein the porous film contains the polyolefin-based resin in an amount of not less than 30% by volume and not more than 77% by volume relative to a total volume of components of the porous film (see intermediate layer, [0030]; see middle layer, [0056]),
when an SEM image which includes a cross section of the nonaqueous electrolyte secondary battery separator in a thickness direction is analyzed (see intermediate, layer, [0030]).
Although Jia does not explicitly disclose a range of not less than 50% by volume, Jia 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.
Jia does not explicitly disclose:
luminance distribution of the mixed layer in the thickness direction satisfying the following conditions:
condition 1 a luminance X1 is not less than 20%; and
condition 2 a luminance X2 is not less than 9%,
where a luminance at a point at a depth of 10% of a thickness of the porous film from an interface between the mixed layer and the heat-resistant layer is X1%,
a luminance at a point at a depth of 30% of the thickness of the porous film from the interface between the mixed layer and the heat-resistant layer is X2%, and
an average of luminances of the entire heat-resistant layer is 100%.
The instant application discloses the luminance is a parameter indicating the amount of the heat-resistant resin contained in the mixed layer (e.g., [0053]). The luminances X1 and X2 indicate the amount of the heat-resistant resin contained at a depth of 10% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer is greater than the amount of the heat-resistant resin contained at a depth of 30% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer.
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Jia discloses a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 in the mixed layer (see mass ratio, [0056]). Therefore, Jia discloses the claimed luminances.
Regarding claim 9, Jia discloses a nonaqueous electrolyte secondary battery comprising a nonaqueous electrolyte secondary battery member comprising a positive electrode; a nonaqueous electrolyte secondary battery separator; and a negative electrode, the positive electrode, the nonaqueous electrolyte secondary battery separator, and the negative electrode being disposed in this order (see lithium ion battery, [0045]–[0050]), wherein the nonaqueous electrolyte secondary battery separator comprises:
a mixed layer (see middle layer, [0056]) comprising a heat-resistant resin (see polyimide, [0056]) and a porous film (see intermediate layer, [0057]) containing a polyolefin-based resin (see PE resin, [0056]); and
a heat-resistant layer in contact with the mixed layer (see surface layer, [0060]).
wherein the heat-resistant layer comprises a heat-resistant resin (see high thermal stability, [0058]),
in the mixed layer, a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 (see mass ratio, [0056])
wherein the porous film contains the polyolefin-based resin in an amount of not less than 30% by volume and not more than 77% by volume relative to a total volume of components of the porous film (see intermediate layer, [0030]; see middle layer, [0056]),
when an SEM image which includes a cross section of the nonaqueous electrolyte secondary battery separator in a thickness direction is analyzed (see intermediate, layer, [0030]).
Although Jia does not explicitly disclose a range of not less than 50% by volume, Jia 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.
Jia does not explicitly disclose:
luminance distribution of the mixed layer in the thickness direction satisfying the following conditions:
condition 1 a luminance X1 is not less than 20%; and
condition 2 a luminance X2 is not less than 9%,
where a luminance at a point at a depth of 10% of a thickness of the porous film from an interface between the mixed layer and the heat-resistant layer is X1%,
a luminance at a point at a depth of 30% of the thickness of the porous film from the interface between the mixed layer and the heat-resistant layer is X2%, and
an average of luminances of the entire heat-resistant layer is 100%.
The instant application discloses the luminance is a parameter indicating the amount of the heat-resistant resin contained in the mixed layer (e.g., [0053]). The luminances X1 and X2 indicate the amount of the heat-resistant resin contained at a depth of 10% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer is greater than the amount of the heat-resistant resin contained at a depth of 30% of a thickness of the porous base material from an interface between the mixed layer and the heat-resistant layer.
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Jia discloses a weight ratio between a weight W1 of the heat-resistant resin (see polyimide, [0056]) and a weight W0 of the porous base material (see PE resin, [0056]) being not less than 0.07 in the mixed layer (see mass ratio, [0056]). Therefore, Jia discloses the claimed luminances.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Jia (CN 111081944 A) as applied to claim 1 above, and further in view of Ogata (US 2019/0123323 A1).
Regarding claims 5 and 6, Jia discloses all the claim limitations as set forth above, but does not explicitly disclose a nonaqueous electrolyte secondary battery separator:
wherein an air permeability of the nonaqueous electrolyte secondary battery separator is not more than 500 sec/100 mL; and
wherein the heat-resistant resin is an aramid resin.
Ogata discloses a nonaqueous electrolyte secondary battery separator comprising an aramid resin, wherein an air permeability of the nonaqueous electrolyte secondary battery separator is not more than 500 sec/100 mL (TABLE 1, [0152]) to improve the ion permeability (TABLE 1, [0081]). Jia and Ogata are analogous because they are directed to nonaqueous electrolyte secondary battery 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 nonaqueous electrolyte secondary battery separator of Jia with the air permeability and aramid resin of Ogata in order to improve the ion permeability.
Response to Arguments
Applicant’s arguments with respect to claims 1–9 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
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.
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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
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