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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/10/2026 has been entered.
Response to Arguments
Applicant's Request for Continued Examination filed 7/10/20026 includes claim amendments and corresponding arguments. The 35 USC 112(b) Rejection set forth in the previous action has been withdrawn due to Applicant’s amendments.
Applicant argues the art of record does not disclose the Claim 1 limitation “the Polymer B includes a repeating unit X that includes an epoxy-group containing unsaturated monomer unit.” Examiner agrees. After an updated search and consideration of the amended claims, the claimed invention remains obvious, but over a new teaching reference for an epoxy-group containing unsaturated monomer unit (Wang NPL).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 4, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al., US 20210313580 A1 (previously cited), and further in view of Wang et al., “Toughening epoxy resins by modification with in situ polymerized acrylate copolymer composed of butyl acrylate and glycidyl methacrylate,” High Performance Polymers, Vol 27, Iss 2, March 2015, Pages 177-182.
Regarding Claim 1, Tanaka discloses a composition for an electrochemical device functional layer (a non-aqueous secondary battery adhesive slurry [0026-0035]) comprising a particulate polymer (particulate polymer 300 [0037], Fig. 1), a binder (binder [0110-0113]), and heat-resistant fine particles (coarse nylon mesh particles [0020, 0208]; “heat resistant” met by nylon mesh particles present in adhesive during battery testing without melting disclosed; nylon is not thermally conductive), wherein
the particulate polymer has a core-shell structure including a core portion formed of a polymer A (core portion 310 [0043, 0045-0068], Fig. 1) and a shell portion formed of a polymer B that at least partially covers an outer surface of the core portion (shell portion 320 covers an outer surface 310S of the core portion 310 [0043, 0069-0086], Fig. 1), with the polymer A and the polymer B being different from each other (the particulate polymer may include a portion inside of the core portion that is formed of a different polymer to the core portion [0044]),
the particulate polymer has an electrolyte solution contact angle of not less than 0° and not more than 35° (contact angle of the slurry applied to a PET Film is 1° or less [0218]), and a volume-average particle diameter not less than 1.0 µm and not more than 10 µm (the particulate polymer preferably has a volume-average particle diameter of 1,000 nm or less [0018,0090], equivalent to 1 µm).
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Tanaka – Fig. 1
Tanaka discloses the primary monomer of the polymer B is butyl acrylate (See Table 1: 38.7 wt% to 80.9 wt% of “BA” content in shell). Therefore, Tanaka does not disclose “the polymer B includes a repeating unit X that includes an epoxy group-containing unsaturated monomer unit, and a proportional content of the repeating unit X in the polymer B is not less than 10 mass% and not more than 60 mass%.” However, this limitation is taught by Wang et al.
Wang teaches polymerizing butyl acrylate and epoxy monomers (glycidyl methacrylate, “GMA”) to create a BA/GMA copolymer in an epoxy resin (Abstract). Wang teaches a BA-only resin or a GMA-only resin has poor impact strength, but a 1:2 weight ratio of BA:GMA will significantly improve impact strength (pg. 178-179, Fig. 2).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the polymer B of Tanaka comprise a 1:2 ratio of BA:GMA, in order to improve the impact strength of the particulate polymer.
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Wang – Fig. 2
Using the 1:2 ratio of BA:GMA taught by Wang, Tanaka’s polymer B/shell layer composition would be modified from 80.7 wt% BA (see Examples 1-5, Table 1) to approx. 27 wt% BA and 54 wt% GMA.
Regarding Claim 3, modified Tanaka discloses all limitations as set forth above. Regarding the claimed degree of swelling in electrolyte solution of “not less than 150 mass% and not more than 1,200 mass%,” modified Tanaka teaches a preferable degree of swelling in the range of a factor of 1.2 or more, and a factor of 10 or less to improve adhesion and low-temperature output characteristics of the battery (Tanaka, [0092]; equivalent to a range of 120% to 1,000%).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding Claim 4, modified Tanaka discloses all limitations as set forth above. Modified Tanaka discloses the polymer A includes a (meth)acrylic acid ester monomer unit including an alkyl
group having a carbon number of 4 or more in a proportion of 10 mass% or more (Tanaka, the proportion constituted by a (meth)acrylic acid ester monomer unit in the polymer of the core portion is “preferably 2 mass % or more” and “preferably 24 mass % or less” [0051-0054]),
a proportional content of a (meth)acrylic acid ester monomer unit including an alkyl group having a carbon number of 4 or more in the polymer B is not less than 0 mass% and not more than 5 mass% (Tanaka, see Table 1: Examples 1-5 each have 1 wt% methacrylic acid “MAA” units).
Regarding Claim 6, modified Tanaka discloses all limitations as set forth above. Modified Tanaka discloses a laminate for an electrochemical device comprising a substrate (laminate for a secondary battery includes a separator [0147-0154]), and the functional layer of Claim 1 is formed on the substrate (Tanaka, the adhesive material is provided in plurality in a dotted form on at least one surface of the separator substrate [0022-0023, 0118-0159]).
Regarding Claim 7, modified Tanaka discloses all limitations as set forth above. Modified Tanaka discloses an electrochemical device comprising the laminate for an electrochemical device according to claim 6 (Tanaka, laminate included in “Production Method of Secondary Battery” [0197, 0262-0274]).
Regarding Claim 8, modified Tanaka discloses all limitations as set forth above. Modified Tanaka discloses the polymer A includes an aromatic vinyl monomer unit (Tanaka, the core more preferably includes an aromatic vinyl monomer unit [0051]), and a proportional content of the aromatic vinyl monomer unit in the polymer A is not less than 60 mass% and not more than 99 mass% (Tanaka, an aromatic vinyl monomer unit in the polymer of the core portion is within the range of 50 mass% to 95 mass% [0049-0053]; See Table 1, core compositions of preferred Examples 1-8 include 70 mass% to 88 mass% styrene “ST”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Tanaka as applied to Claim 1 above, and further in view of Takahara et al., WO 2016111063 A1 (previously cited).
Regarding Claim 5, modified Tanaka discloses all limitations as set forth above. Modified Tanaka does not disclose a “bulk specific gravity α of the particulate polymer and bulk specific gravity β of the heat-resistant fine particles satisfy a relationship 1 <β/α< 5” per Claim 5. However, this limitation is taught by Takahara.
Takahara teaches a composition for a functional layer (second coat, slurry-like insulating material on separator; pg. 10) comprising a polymer (polypropylene; pg. 10), a binder (binder such as PVDF or rubber; pg. 10), and heat-resistant particles (inorganic oxide particles such as alumina/Al2O3; pg. 10; consistent with instant disclosure at [0072]). Takahara teaches when the slurry has particles with different specific gravities, a layer of fine particles with a relatively low specific gravity (polypropylene) migrates to be an upper layer, and a layer made of fine particles with a relatively high specific gravity (inorganic particles) becomes a lower layer (pg. 11, 14). Takahara teaches the coating film having a two-layer structure provides superior heat resistance compared to a coating film not separated into two layers (pg. 15). Takahara’s specific gravity α of the particulate polymer (polypropylene, 0.90 to 0.91 g/cm; pg. 11) and specific gravity β of the heat-resistant fine particles (alumina, 3.9 to 4.1 g/cm; pg. 11) yield a “β/α” range of 4.3 to 4.6, which is within the claimed range of 1 <β/α< 5.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have a bulk specific gravity α of the particulate polymer and bulk specific gravity β of the heat-resistant fine particles satisfy a relationship 1 <β/α< 5, in the functional layer of modified Tanaka, as Takahara teaches a difference in specific gravities within the claimed range will increase the heat resistance of the separator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
