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 .
Claim Interpretation
The claims recite “LDH-like compound separator” and “LDH-like compound”.
Applicant’s specification states “The “LDH-like compound separator” is defined herein as a separator including an LDH-like compound and configured to selectively pass hydroxide ions exclusively by means of the hydroxide ion conductivity of the LDH-like compound. The "LDH-like compound" is defined herein as a hydroxide and/or an oxide having a layered crystal structure that cannot be called LDH but is analogous to LDH, for which no peak attributable to LDH is detected in X-ray diffraction method” (P14).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
“D” in Fig. 2
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.
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi et al (WO2019124213A1, with an EFD of 06/27/2019, using US 20200313137 A1 as an English equivalent for translation, both provided in the 05/31/2023 IDS) in view of Yamada et al (US 20140315099 A1).
Regarding claims 1-2 and 10-11, Takeuchi discloses a secondary zinc battery (drawn to claim 10) or a solid-state alkaline fuel cell (drawn to claim 11) comprising: a separator (LDH separator 10 in Fig. 1) comprising a porous substrate made of a polymeric material (12 in Fig. 1) and a compound with which pores of the porous substrate are plugged (layered double hydroxide (LDH) 14 in Fig. 1); wherein the separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the separator (“the remaining pores P of the LDH separator 10 of the present invention are flattened (the longitudinal directions of the remaining pores are non-parallel to the thickness direction of the LDH separator 10) and can thus divert the zinc dendrites to grow along the flattened pores”, P19; see entire disclosure and especially the Abstract and P9-10, 19).
However, Takeuchi does not disclose the compound is (a) a hydroxide and/or an oxide with a layered crystal structure, containing: Mg; and one or more elements, which include at least Ti, selected from the group consisting of Ti, Y, and Al, or (b) a hydroxide and/or an oxide with a layered crystal structure, comprising (i) Ti, Y, and optionally Al and/or Mg, and (ii) at least one additive element M selected from the group consisting of In, Bi, Ca, Sr, and Ba, or (c) a hydroxide and/or an oxide with a layered crystal structure, comprising Mg, Ti, Y, and optionally Al and/or In, wherein in (c) the LDH-like compound is present in a form of a mixture with In(OH)3.
In a similar field of endeavor, Yamada teaches a zinc secondary battery comprising a hydroxide ion-conductive separator comprising: a porous substrate defined as a porous body with open pores that serves as a substrate (P28); and a compound filling pores of the porous substrate (P25, 28). Yamada teaches the compound is a dense and hard inorganic solid and, therefore, can prevent a short circuit between the positive and negative electrodes caused by zinc dendrites (P27).
Yamada teaches the compound is represented by the general formula M2+1-xM3+x(OH)2An-x/n mH2O where in x is 0.1-0.4 (P28). Yamada teaches that M2+ can be chosen from a group the includes Ca2+ and Mg2+, M3+ can be chosen from a group that includes Ti3+ and Y3+, and An- can be chosen from a group that includes OH- (P28). Yamada further teaches these compounds have hydroxide ion conductivity (P28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Yamada and substituted the compound of Takeuchi with the compound including Mg, Ca, Ti, Y and OH of Yamada, given Yamada teaches their compound is used to combat zinc dendrites within zinc secondary batteries while providing hydroxide ion conductivity, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.).
The Examiner notes that the claims as written set forth the “LDH-like compound” to be the hydroxides and/or oxides described in claim 2. Given modified Takeuchi meets the limitation wherein the LDH-like compound is a hydroxide and/or an oxide with a layered crystal structure, comprising (i) Ti, Y, and optionally Al and/or Mg, and (ii) at least one additive element M selected from the group consisting of In, Bi, Ca, Sr, and Ba (see the compound of Yamada above), it can be said that the compound of modified Takeuchi is the claimed “LDH-like compound”.
Regarding claim 3, modified Takeuchi meets the limitation wherein the remaining pores have a mean aspect ratio of 1.5 to 17 (see Takeuchi P22).
Regarding claim 4, modified Takeuchi meets the limitation wherein the remaining pores have a mean aspect ratio of 1.5 to 10 (see Takeuchi P22).
Regarding claim 5, modified Takeuchi meets the limitation wherein the LDH-like compound is incorporated over the entire thickness of the porous substrate (see Takeuchi P30).
Regarding claim 6, modified Takeuchi meets the limitation wherein the separator has a helium permeability per unit area of 3.0 cm/atm·min or less (see Takeuchi P25).
Regarding claim 7, modified Takeuchi meets the limitation wherein the separator has an ionic conductivity of 2.0 mS/cm or more (see Takeuchi P23).
Regarding claim 8, modified Takeuchi meets the limitation wherein the polymeric material is selected from the group consisting of polystyrene, poly(ether sulfone), polypropylene, epoxy resin, poly(phenylene sulfide), fluorocarbon resin, cellulose, nylon, and polyethylene (see Takeuchi P31).
Regarding claim 9, modified Takeuchi meets the limitation wherein the LDH-like compound separator consists of the porous substrate and the LDH-like compound (see Takeuchi P19 and claim 8, and the rejection of claim 1 above).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 7-8, and 10-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7-9, and 14-15 of U.S. Patent No. 11431034 in view of Takeuchi et al (WO2019124213A1, with an EFD of 06/27/2019, using US 20200313137 A1 as an English equivalent for translation, both provided in the 05/31/2023 IDS).
Regarding claims 1-2 of App. 18180231, claim 1 of U.S. Patent No. 11431034 teaches “A hydroxide ion-conductive separator comprising: a porous substrate; and a layered double hydroxide (LDH)-like compound filling pores of the porous substrate, wherein the LDH-like compound is a hydroxide and/or an oxide with a layered crystal structure, containing: Mg; and one or more elements, which include at least Ti, selected from the group consisting of Ti, Y, and Al” and claim 7 of U.S. Patent No. 11431034 teaches “wherein the porous substrate is composed of a polymer material”.
U.S. Patent No. 11431034 does not teach “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”.
Takeuchi teaches a secondary zinc battery (drawn to claim 10) or a solid-state alkaline fuel cell (drawn to claim 11) comprising: a separator (LDH separator 10 in Fig. 1) comprising a porous substrate made of a polymeric material (12 in Fig. 1) and a compound with which pores of the porous substrate are plugged (layered double hydroxide (LDH) 14 in Fig. 1); wherein the separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the separator (“the remaining pores P of the LDH separator 10 of the present invention are flattened (the longitudinal directions of the remaining pores are non-parallel to the thickness direction of the LDH separator 10) and can thus divert the zinc dendrites to grow along the flattened pores”, P19; see entire disclosure and especially the Abstract and P9-10, 19).
Takeuchi teaches when the remaining pores of the separator are flattened, the zinc dendrites are diverted to grow along the flattened pores, and as a result, development of the zinc dendrites along the thickness of the separator can be significantly prevented (P19).
Therefore, it would have been obvious to one of ordinary skill in the art to have provided to the separator of U.S. Patent No. 11431034 “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”, given Takeuchi teaches this can provide wherein zinc dendrites are diverted to grow along the flattened pores, and as a result, development of zinc dendrites along the thickness of the separator can be significantly prevented
Regarding claims 7-8 and 10-11 of App. 18180231, claims 8-9 and 14-15 of U.S. Patent No. 11431034 are substantially similar.
Claims 1-2, 7-8, and 10-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7-9, and 12-13 of copending Application No. 17936962 (US 20230045074 A1) in view of Takeuchi et al (WO2019124213A1, with an EFD of 06/27/2019, using US 20200313137 A1 as an English equivalent for translation, both provided in the 05/31/2023 IDS).
This is a provisional nonstatutory double patenting rejection.
Regarding claims 1-2 of App. 18180231, claim 1 of copending Application No. 17936962 (US 20230045074 A1) teaches “An LDH separator comprising a porous substrate and a layered double hydroxide (LDH)-like compound that fills up pores of the porous substrate, wherein the LDH-like compound is a hydroxide and/or an oxide with a layered crystal structure, comprising (i) Ti, Y, and optionally Al and/or Mg, and (ii) at least one additive element M selected from the group consisting of In, Bi, Ca, Sr, and Ba” and claim 7 of U.S. Patent No. 11431034 teaches “wherein the porous substrate is composed of a polymer material”.
Copending Application No. 17936962 (US 20230045074 A1) does not teach “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”.
Takeuchi teaches a secondary zinc battery (drawn to claim 10) or a solid-state alkaline fuel cell (drawn to claim 11) comprising: a separator (LDH separator 10 in Fig. 1) comprising a porous substrate made of a polymeric material (12 in Fig. 1) and a compound with which pores of the porous substrate are plugged (layered double hydroxide (LDH) 14 in Fig. 1); wherein the separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the separator (“the remaining pores P of the LDH separator 10 of the present invention are flattened (the longitudinal directions of the remaining pores are non-parallel to the thickness direction of the LDH separator 10) and can thus divert the zinc dendrites to grow along the flattened pores”, P19; see entire disclosure and especially the Abstract and P9-10, 19).
Takeuchi teaches when the remaining pores of the separator are flattened, the zinc dendrites are diverted to grow along the flattened pores, and as a result, development of the zinc dendrites along the thickness of the separator can be significantly prevented (P19).
Therefore, it would have been obvious to one of ordinary skill in the art to have provided to the separator of copending Application No. 17936962 (US 20230045074 A1) “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”, given Takeuchi teaches this can provide wherein zinc dendrites are diverted to grow along the flattened pores, and as a result, development of zinc dendrites along the thickness of the separator can be significantly prevented
Regarding claims 7-8 and 10-11 of App. 18180231, claims 8-9 and 12-13 of copending Application No. 17936962 (US 20230045074 A1) are substantially similar.
Claims 1-2, 7-8, and 10-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, and 8-9 of copending Application No. 18047692 (US 20230069319 A1) in view of Takeuchi et al (WO2019124213A1, with an EFD of 06/27/2019, using US 20200313137 A1 as an English equivalent for translation, both provided in the 05/31/2023 IDS).
This is a provisional nonstatutory double patenting rejection.
Regarding claims 1-2 of App. 18180231, claim 1 of copending Application No. 18047692 (US 20230069319 A1) teaches “An LDH separator comprising a porous substrate and a mixture of a layered double hydroxide (LDH)-like compound and In(OH).sub.3, which fills up pores of the porous substrate, wherein the LDH-like compound is a hydroxide and/or an oxide with a layered crystal structure, comprising Mg, Ti, Y, and optionally Al and/or In” and claim 3 of U.S. Patent No. 11431034 teaches “wherein the porous substrate is made of a polymeric material”.
Copending Application No. 18047692 (US 20230069319 A1) does not teach “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”.
Takeuchi teaches a secondary zinc battery (drawn to claim 10) or a solid-state alkaline fuel cell (drawn to claim 11) comprising: a separator (LDH separator 10 in Fig. 1) comprising a porous substrate made of a polymeric material (12 in Fig. 1) and a compound with which pores of the porous substrate are plugged (layered double hydroxide (LDH) 14 in Fig. 1); wherein the separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the separator (“the remaining pores P of the LDH separator 10 of the present invention are flattened (the longitudinal directions of the remaining pores are non-parallel to the thickness direction of the LDH separator 10) and can thus divert the zinc dendrites to grow along the flattened pores”, P19; see entire disclosure and especially the Abstract and P9-10, 19).
Takeuchi teaches when the remaining pores of the separator are flattened, the zinc dendrites are diverted to grow along the flattened pores, and as a result, development of the zinc dendrites along the thickness of the separator can be significantly prevented (P19).
Therefore, it would have been obvious to one of ordinary skill in the art to have provided to the separator of copending Application No. 18047692 (US 20230069319 A1) “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”, given Takeuchi teaches this can provide wherein zinc dendrites are diverted to grow along the flattened pores, and as a result, development of zinc dendrites along the thickness of the separator can be significantly prevented
Regarding claims 7-8 and 10-11 of App. 18180231, claims 4-5 and 8-9 of Copending Application No. 18047692 (US 20230069319 A1) are substantially similar.
Claims 1-2, 7-8, and 10-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, and 8-9 of copending Application No. 18167798 (US 20230198095 A1) in view of Takeuchi et al (WO2019124213A1, with an EFD of 06/27/2019, using US 20200313137 A1 as an English equivalent for translation, both provided in the 05/31/2023 IDS).
This is a provisional nonstatutory double patenting rejection.
Regarding claim 1 of App. 18180231, claim 1 of copending Application No. 18167798 (US 20230198095 A1) teaches “An LDH-like separator, comprising a porous substrate made of a polymer material and a layered double hydroxide (LDH)-like compound plugging pores of the porous substrate”.
Copending Application No. 18167798 (US 20230198095 A1) does not teach “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”.
Takeuchi teaches a secondary zinc battery (drawn to claim 10) or a solid-state alkaline fuel cell (drawn to claim 11) comprising: a separator (LDH separator 10 in Fig. 1) comprising a porous substrate made of a polymeric material (12 in Fig. 1) and a compound with which pores of the porous substrate are plugged (layered double hydroxide (LDH) 14 in Fig. 1); wherein the separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the separator (“the remaining pores P of the LDH separator 10 of the present invention are flattened (the longitudinal directions of the remaining pores are non-parallel to the thickness direction of the LDH separator 10) and can thus divert the zinc dendrites to grow along the flattened pores”, P19; see entire disclosure and especially the Abstract and P9-10, 19).
Takeuchi teaches when the remaining pores of the separator are flattened, the zinc dendrites are diverted to grow along the flattened pores, and as a result, development of the zinc dendrites along the thickness of the separator can be significantly prevented (P19).
Therefore, it would have been obvious to one of ordinary skill in the art to have provided to the separator of copending Application No. 18167798 (US 20230198095 A1) “wherein the LDH-like compound separator has a plurality of remaining flattened pores, longitudinal directions of the pores being non-parallel to a thickness direction of the LDH-like compound separator”, given Takeuchi teaches this can provide wherein zinc dendrites are diverted to grow along the flattened pores, and as a result, development of zinc dendrites along the thickness of the separator can be significantly prevented
Regarding claims 2, 5-6, and 8-10 of App. 18180231, claims 2, 5-6, and 8-10 of Copending Application No. 18167798 (US 20230198095 A1) are substantially similar.
Conclusion
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/MARY GRACE BYRAM/Examiner, Art Unit 1729
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