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, 3–6, and 8–19 are pending.
Claims 2 and 7 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 2023/0291074 A1.
Drawings
The drawings were received on 08 June 2026. 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 § 102
Claims 1, 3–6, and 8–19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang et al. (US 2019/0214685 A1, hereinafter Chang).
Regarding claim 1, Chang discloses a lithium ion secondary battery (FIG. 2B, [0044]) comprising:
a positive electrode mixture layer (15, [0033]);
a negative electrode mixture layer (12', [0044]), and
a separation membrane (13, 16, 17, 20) located between the positive electrode mixture layer (15) and the negative electrode mixture layer (12', [0047]),
wherein the positive electrode mixture layer (15) comprises a positive electrode active material, a first lithium salt, and a first solvent (see cathode, [0033]),
wherein the negative electrode mixture layer (12') comprises a negative electrode active material (12a), a second lithium salt (12b), and a second solvent (12b, [0072]),
wherein the separation membrane (13, 16, 17, 20) comprises at least one resin selected from the group consisting of a resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group , and a resin comprising, as a monomer unit, at least one olefin comprising fluorine ([0039], [0051], [0059], [0135], [0146]), and
wherein the separation membrane (13, 16, 17, 20) further comprises a porous body (16, [0055]), and
wherein the at least one resin is retained in the porous body (16, [0059]).
Regarding claim 3, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the porous body (16) is made of a polymer (FIG. 3, [0055]).
Regarding claim 4, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 5, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane (13, 16, 17, 20) further comprises a third lithium salt (20) and a third solvent (20, [0040]).
Regarding claim 6, Chang discloses a separation membrane (13, 16, 17, 20) comprising:
at least one resin selected from the group consisting of a resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group, and a resin comprising, as a monomer unit, at least one olefin comprising fluorine ([0039], [0051], [0059], [0135], [0146]), and
wherein the separation membrane (13, 16, 17, 20) further comprises a porous body (16, [0055]), and
wherein the at least one resin is retained in the porous body (16, [0059]).
Regarding claim 8, Chang discloses all the claim limitations as set forth above and further discloses a separation membrane:
wherein the porous body (16) is made of a polymer (FIG. 3, [0055]).
Regarding claim 9, Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 10, Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a third lithium salt (20) and a third solvent (20, [0040]).
Regarding claim 11, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the second solvent (see ether, [0141]) is similar to the first solvent (see ether, [0144]).
Regarding claim 12, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the second solvent (see ether, [0141]) is different from the first solvent (see PY13FSI, [0144]).
Regarding claim 13, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the first solvent is ethylene carbonate, propylene carbonate, vinylene carbonate, vinyl ethylene carbonate, fluoroethylene carbonate, difluoroethylene carbonate, dimethyl carbonate, diethyl carbonate, ethyl methyl carbonate, γ-butyrolactone, γ-valerolactone, δ-valerolactone, ε-caprolactone, γ-hexanolactone, tetrahydrofuran, 1,3-dioxane, dimethoxyethane, diethoxyethane, methoxyethoxyethane, glyme, diglyme, triglyme, tetraglyme, phosphoric acid triester; acetonitrile, benzonitrile, adiponitrile, glutaronitrile, dimethylsulfone, diethylsulfone, sulfolane, propanesultone, or a combination of two or more thereof (see organic solvents, [0086]–[0096]).
Regarding claim 14, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the second solvent is ethylene carbonate, propylene carbonate, vinylene carbonate, vinyl ethylene carbonate, fluoroethylene carbonate, difluoroethylene carbonate, dimethyl carbonate, diethyl carbonate, ethyl methyl carbonate, γ-butyrolactone, γ-valerolactone, δ-valerolactone, ε-caprolactone, γ-hexanolactone, tetrahydrofuran, 1,3-dioxane, dimethoxyethane, diethoxyethane, methoxyethoxyethane, glyme, diglyme, triglyme, tetraglyme, phosphoric acid triester; acetonitrile, benzonitrile, adiponitrile, glutaronitrile, dimethylsulfone, diethylsulfone, sulfolane, propanesultone, or a combination of two or more thereof (see organic solvents, [0086]–[0096]).
Regarding claim 15, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the first solvent and the second solvent are each independently ethylene carbonate, propylene carbonate, vinylene carbonate, vinyl ethylene carbonate, fluoroethylene carbonate, difluoroethylene carbonate, dimethyl carbonate, diethyl carbonate, ethyl methyl carbonate, γ-butyrolactone, γ-valerolactone, δ-valerolactone, ε-caprolactone, γ-hexanolactone, tetrahydrofuran, 1,3-dioxane, dimethoxyethane, diethoxyethane, methoxyethoxyethane, glyme, diglyme, triglyme, tetraglyme, phosphoric acid triester; acetonitrile, benzonitrile, adiponitrile, glutaronitrile, dimethylsulfone, diethylsulfone, sulfolane, propanesultone, or a combination of two or more thereof (see organic solvents, [0086]–[0096]).
Regarding claim 16, Chang discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane further comprises inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 17, Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
inorganic oxide particles (13) retained in the porous body (16, [0060]).
Regarding claim 18, Chang discloses all the claim limitations as set forth above and further discloses a separation membrane:
wherein the separation membrane comprises the at least one resin on a surface of the porous body (16, [0059]).
Regarding claim 19, Chang discloses all the claim limitations as set forth above and further discloses the separation membrane:
wherein the separation membrane comprises the at least one resin is retained in the porous body (16, [0059]).
Double Patenting
Claims 1, 3–6, 8–10 and 16–19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–10 of copending Application No. 17/998,357, hereinafter the reference application. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1–10 of copending Application No. 17/998,357 anticipate instant claims 1, 3–6, 8–10, and 16–19.
Regarding claim 1, the reference application discloses a lithium ion secondary battery (CL1/L1) comprising:
a positive electrode mixture layer (CL1/L2);
a negative electrode mixture layer (CL1/L3), and
a separation membrane located between the positive electrode mixture layer and the negative electrode mixture layer (CL1/L4–5),
wherein the positive electrode mixture layer comprises a positive electrode active material, a first lithium salt, and a first solvent (CL1/L6–7),
wherein the negative electrode mixture layer comprises a negative electrode active material, a second lithium salt, and a second solvent (CL1/L8–9),
wherein the separation membrane comprises at least one resin selected from the group consisting of a resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group , and a resin comprising, as a monomer unit, at least one olefin comprising fluorine (CL1/L13–16), and
wherein the separation membrane further comprises a porous body(CL2/L1), and
wherein the at least one resin is retained in the porous body (CL2/L1–2).
Regarding claim 3, the reference application discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the porous body is made of a polymer (CL3/L1–2).
Regarding claim 4, the reference application discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane further comprises inorganic oxide particles retained in the porous body (CL4/L2–3).
Regarding claim 5, the reference application discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane further comprises a third lithium salt and a third solvent (CL5/L1–2).
Regarding claim 6, the reference application discloses a separation membrane comprising:
at least one resin selected from the group consisting of a resin comprising, as a monomer unit, at least one monomer having a (meth)acryloyl group, and a resin comprising, as a monomer unit, at least one olefin comprising fluorine (CL6/L1–4) , and
wherein the separation membrane further comprises a porous body(CL2/L1), and
wherein the at least one resin is retained in the porous body (CL2/L1–2).
Regarding claim 8, the reference application discloses all the claim limitations as set forth above and further discloses a separation membrane:
wherein the porous body is made of a polymer (CL8/L1–2.
Regarding claim 9, the reference application discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
inorganic oxide particles retained in the porous body (CL9/L2).
Regarding claim 10, the reference application discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a third lithium salt and a third solvent (CL10/L1–2).
Regarding claim 16, the reference application discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein the separation membrane further comprises inorganic oxide particles retained in the porous body (CL9/L2).
Regarding claim 17, the reference application discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
inorganic oxide particles retained in the porous body (CL9/L2).
Regarding claim 18, the reference application discloses all the claim limitations as set forth above and further discloses a separation membrane:
wherein the separation membrane comprises the at least one resin on a surface of the porous body (CL7/L2).
Regarding claim 19, the reference application discloses all the claim limitations as set forth above and further discloses the separation membrane:
wherein the separation membrane comprises the at least one resin is retained in the porous body (CL7/L2).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed 08 June 2026 have been fully considered but they are not persuasive.
Applicants argue the porous polymer membrane 16 and solid electrolyte 13 are separate, distinct components positioned adjacent to one another that are not a structure where a resin is retained in a porous body (P10/¶3). Claim 1 recites inter alia "a separation membrane between the positive electrode mixture layer and the negative electrode mixture layer," and "the separation membrane further comprises a porous body, and wherein the at least one resin is retained in the porous body." The claim language does not exclude a separation membrane that is composed of multiple separate and distinct components. Chang discloses a solid electrolyte 13, a porous polymer membrane 16, a barrier 17, and an electrolyte reservoir layer 20 are between a positive electrode mixture layer 15 and a negative electrode mixture layer 12' (FIG. 3, [0047]). Chang discloses a solid electrolyte 13, a porous polymer membrane 16, a barrier 17, and an electrolyte reservoir layer 20 may each contain a resin including at least one monomer unit having a (meth)acryloyl group, and a resin including at least one monomer unit having a fluorine-containing olefin ([0039], [0051], [0059], [0135], [0146]). The combination of a solid electrolyte 13, a porous polymer membrane 16, a barrier 17, and an electrolyte reservoir layer 20 may correspond to the claimed separation membrane. The pending claims must be "given their broadest reasonable interpretation consistent with the specification." Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP § 2111. The plain meaning of the term "retain" is continue to have something (retain, New Oxford American Dictionary). Chang discloses the porous polymer membrane 16 may be made of polyvinylidene fluoride (e.g., [0135]), which is a resin including at least one monomer unit having a fluorine-containing olefin. The porous polymer membrane continues to have a resin including at least one monomer unit having a fluorine-containing olefin (i.e., at least one resin is retained in the porous body). Therefore, the porous polymer membrane 16 and solid electrolyte 13 are a structure where a resin is retained in a porous body.
Applicants argue the porous body 21 is impregnated with the resin 22 (P10/¶4). It is noted that the features upon which applicant relies (i.e., the porous body is impregnated with the resin) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicants argue a terminal disclaimer with respect to the '357 application will be filed shortly (P11/¶2). As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application's claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only compliance with objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated. See MPEP 804 I.B.1.
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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