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 1–19 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 2023/0291074 A1.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 17 May 2023, 05 December 2023, 07 January 2025, 17 March 2025, and 30 June 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.
Drawings
The drawings are objected to because:
Reference character 1 has both a lead line and is underlined. It is unclear if reference character 1 designates the elements indicated by the lead line or the surface or cross section on which it is places. Reference character 1 should not have both a lead line and be underlined. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing. See 37 CFR 1.84 (q).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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: SEPARATION MEMBRANE CONTAINING ACRYLIC RESIN OR FLUORORESIN, AND LITHIUM ION SECONDARY BATTERY WITH POSITIVE ELECTRODE SOLVENT DIFFERENT FROM NEGATIVE ELECTRODE SOLVENT INCLUDING THE SAME.
The use of the term Ketjen black (e.g., [0040]), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it 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.
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 1–19 is/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]), and
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]).
Regarding claim 2, 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 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]).
Regarding claim 7, Chang discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
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
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 1–10 and 16–19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–10 of copending Application No. 17/998,351, hereinafter the reference application. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1–10 anticipate instant claims 1–10 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), and
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).
Regarding claim 2, 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 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).
Regarding claim 7, the reference application discloses all the claim limitations as set forth above and further discloses a separation membrane, further comprising:
a porous body (CL7/L2), and
wherein the at least one resin is retained in the porous body (CL7/L2).
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hama (JP 2016-122597 A) discloses a lithium ion secondary battery (20, [0015]) comprising a positive electrode mixture layer (3, [0015]); a negative electrode mixture layer (6, [0016]), and a separation membrane (7) located between the positive electrode mixture layer (3) and the negative electrode mixture layer (6, [0015]), wherein the positive electrode mixture layer (3) comprises a positive electrode active material (1), a first lithium salt, and a first solvent (2, [0015]), wherein the negative electrode mixture layer (6) comprises a negative electrode active material (4), a second lithium salt, and a second solvent (5) different from the first solvent (2, [0029]).
Nishijima (US 6,534,214 B1) discloses a lithium ion secondary battery (50) comprising a positive electrode mixture layer (3) comprises a positive electrode active material, a first lithium salt, and a first solvent (TABLE 1, C13/L28–37), a negative electrode mixture layer (6) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (TABLE 1, C13/L28–37), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, C13/L28–37) to enhance battery performance and cycle life characteristics (TABLE 1, C13/L20–27).
Lin (US 2008/0070103 A1) discloses a lithium ion secondary battery (100) comprising a positive electrode mixture layer (108) comprises a positive electrode active material, a first lithium salt, and a first solvent (see cathode electrolyte formulations, [0033]), a negative electrode mixture layer (106) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (see anode active materials, [0034]), wherein the positive electrode mixture layer does not contain the second solvent (see anode active materials, [0034]) and the negative electrode mixture layer does not contain the first solvent (see cathode electrolyte formulations, [0033]) to enhance battery performance and cycle life characteristics (see electrolytic solution, [0027]).
Nishijima (US 2005/0074675 A1) discloses a lithium ion secondary battery (FIG. 1, [0022]) comprising a positive electrode mixture layer (3) comprises a positive electrode active material, a first lithium salt, and a first solvent (TABLE 1, [0077]), a negative electrode mixture layer (6) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (TABLE 1, [0077]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0077]) to enhance battery performance and cycle life characteristics (TABLE 2, [0077]).
Abe (JP 2012-146492 A) discloses a lithium ion secondary battery (50) comprising a positive electrode mixture layer (534) comprises a positive electrode active material, a first lithium salt, and a first solvent (TABLE 1, [0065]), a negative electrode mixture layer (544) comprises a negative electrode active material, a second lithium salt (TABLE 1, [0065]), and a second solvent that is different in composition from the first solvent (TABLE 1, [0065]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0065]) to enhance battery performance and cycle life characteristics (TABLE 2, [0068]).
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.
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, 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