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 Application
Claims 1-4, 6-8, 12-14 are currently pending. Claims 12-14 are new. Claims 9-11 are withdrawn. Claim 5 is canceled. Claim 1 is currently amended.
Response to Arguments
Applicant’s arguments, see remarks, filed 06/12/2026, with respect to the rejection(s) of claim(s) 1 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kwon. See rejection below.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 7-8, and 12 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kwon (WO2020171661A1, US equivalent US20210226300A1 which was IDS cited 05/02/2025 was used for citation/translation).
Regarding claims 1, 3, 12, Kwon discloses a separator for secondary batteries, the separator comprising:
a separator substrate having a porous structure, wherein the separator substrate comprises a polymer material (i.e., 9 um thick polyethylene porous substrate [0123])
a coating layer on at least one surface of the separator substrate (i.e., a porous coating layer [0123]),
wherein the coating layer comprises a crystalline binder and an amorphous binder miscible with each other ([0120-0122]; also see Example 1 in Table 2),
the crystalline binder comprises a first crystalline binder and a second crystalline binder (i.e., PVDF-HFP and PVDF-CTFE; see Example 1 in Table 2; [0121]) {claim 3},
an amount of the amorphous binder (i.e., polyvinylpyrrolidone binder polymer [0120]; Example 1 in Table 2)
Regarding the limitation “an amount of the amorphous binder is greater than 1 weight% to less than 10 weight% based on a total weight of a solid content of the coating layer”, the “solid content of the coating layer” is understood as the remainder of the coating layer excluding a solvent, such as an inorganic material, a binder, and a dispersant based on PG Pub [0041] of the instant specification.
In this regard, Kwon discloses wherein the coating layer comprises 78 wt% inorganic particles, 5wt% polyvinylpyrrolidone binder polymer [0120]; Example 1 in Table 2) (i.e., the claimed amorphous binder), and 15.01 wt% PVDF-based binder polymers (i.e., the claimed crystalline binders), and 2 wt% dispersant. Thus, based on Table 2, the amount of the amorphous binder based on a total weight of a solid content of the coating layer is 5/100.01= ~5 wt%, which falls within the claimed range of “greater than 1 weight% to less than 10 weight%” and “2 weight% to 5 weight% based on the total weight of the solid content of the coating layer” {claim 12}.
Kwon further discloses:
the amount of the amorphous binder is 25 weight% based on a total weight of the first crystalline binder, the second crystalline binder and the amorphous binder (i.e., 5/(5+11.63+3.38) = 25wt%)), which falls within the claimed range of “greater than 5 weight% to less than 50 weight% based on a total weight of the first crystalline binder, the second crystalline binder and the amorphous binder”.
Regarding claims 7-8, Kwon discloses the separator according to claim 1. Kwon further discloses wherein a coating slurry is formed by mixing inorganic particles (i.e., alumina and boehmite), crystalline binder polymers (PVDF-CTFE and PVDF-HFP), an amorphous binder polymer (i.e., polyvinylpyrrolidone binder polymer) with a dispersant. A 9-um thick polyethylene porous substrate was then coated with the coating layer slurry using a dip coating method with a loading amount of 13.5 g/m2 and relative humidity of 40% [0123].
The instant specification also describes a coating slurry formed by mixing inorganic particles (alumina), crystalline binder polymers (PVDF-CTFE and PVDF-HFP), an amorphous binder polymer (e.g., acrylate-based polymer) wherein the slurry is applied to both surfaces of a polyolefin-based separator substrate under a relative humidity of 40% and a total loading amount of 13.5 g/m2 (Example 1, [PG Pub 0088-0090]).
Since the separator disclosed by Kwon is substantially similar to that of the instant application, a person having ordinary skill in the art would envisage that if the separator of Kwon were to be subjected to the claimed intended use of being thermally treated at 80°C for 3 hours, Kwon’s separator would necessarily have a resistance lower than 1.00 Ω {claim 7} and further envisage that if the separator were to be subjected to the claimed intended use of being impregnated with an electrolytic solution and thermally treated, the inorganic material in the coating would necessarily be exposed from a surface of the separator {claim 8} (MPEP 2112.01).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (WO2020171661A1, US equivalent US20210226300A1 which was IDS cited 05/02/2025 was used for citation/translation).
Regarding claim 6, Kwon discloses wherein the separator according to claim 1, wherein a weight average molecular weight of the amorphous binder is 2,500,000 (Example 1, see Table 1; [0120]), which is not “less than 1,000,000” as claimed. In this regard, Kwon further discloses wherein the amorphous binder with the weight average molecular weight of 950,000 is used (see Example 2 in Table 1; [0124]). Kwon further discloses that the use of amorphous binder having weight average molecular weight of 950,000 to 2,500,000 enhances heat resistance and adhesion and high process performance [0047].
Therefore, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have used an amorphous binder with the overlapping weight average molecular weight with a reasonable expectation to enhance heat resistance and adhesion of the coating layer [0047].
Claim(s) 2, 4, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (WO2020171661A1, US equivalent US20210226300A1 which was IDS cited 05/02/2025 was used for citation/translation), in view of Lu (CN107799702, translation attached)
Regarding claim 2, Kwon discloses the separator according to claim 1, wherein PVDF-HFP and PVDF-CTFE (i.e., first and second crystalline binder), and polyvinylpyrrolidone binder polymer (i.e., PVP; the amorphous binder), wherein PVDF-HFP and PVDF-CTFE are non-aqueous (note: interpreted as insoluble in water) and PVP is aqueous (i.e., soluble in water).
In this regard, Lu teaches a separator coating comprising ceramic particles [0025] and at least one of adhesives selected from the list comprising polyacrylate, copolymer of polyvinylidene fluoride and hexafluoropropylene, copolymer of polyvinylidene fluoride and trichloroethylene, polyvinylpyrrolidone [0026] to improve the adhesiveness thereby enhancing strength of ceramic diaphragms [0026]. Thus, it would have been obvious for a person having ordinary skill in the art to have used polyacrylate (taught by Lu and is insoluble in water) as an alternative binder polymer to the polyvinylpyrrolidone of Kwon, with a reasonable expectation to improve the adhesion and strength of the separator coating [0026].
Regarding claims 4 and 14, Kwon discloses the separator according to claim 1, wherein the amorphous binder is polyvinylpyrrolidone [Kwon 0120], which is not one of “an acrylate-containing polymer or a copolymer thereof, polyvinylpyrrolidone-co-polyvinyl acetate, and polyvinyl acetate” as claimed.
In this regard, Lu teaches a separator coating comprising ceramic particles [Lu 0025] and at least one of adhesives selected from the list comprising polyacrylate, copolymer of polyvinylidene fluoride and hexafluoropropylene, copolymer of polyvinylidene fluoride and trichloroethylene, polyacrylonitrile, polyvinylpyrrolidone, polyimide, polyvinyl alcohol [Lu 0026] to improve the adhesiveness thereby enhancing strength of ceramic diaphragms [Lu 0026].
Thus, it would have been obvious for a person having ordinary skill in the art to have used an acrylate containing polymer such as polyacrylate (taught by Lu) as an alternative binder polymer to the polyvinylpyrrolidone of Kwon, with a reasonable expectation to improve the adhesion and strength of the separator coating [Lu 0026].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (WO2020171661A1, US equivalent US20210226300A1 which was IDS cited 05/02/2025 was used for citation/translation), in view of Otsukia (US20160079007A1).
Regarding claim 13, Kwon discloses the separator according to claim 1, wherein the coating layer further comprises a dispersant such as cyanoethylpolyvinylalcohol (Example 1; [0121]), and further provides a list of possible dispersants comprising polyvinyl butyral, polyvinyl alcohol, polyvinyl acetate, polyethylene oxide, polyarylate, cellulose acetate, cellulose acetate butyrate, cellulose acetate propionate, cyanoethylpullulan, cyanoethylcellulose, cyanoethylsucrose, pullulan, carboxyl methyl cellulose, or a combination thereof [0070].
Kwon does not disclose wherein the dispersant comprises “an oil-soluble polyamine, an oil-soluble amine compound, a fatty acid, a fatty alcohol, a sorbitan fatty acid ester, a tannic acid, and a pyrogallic acid” as claimed.
In this regard, Otsuka teaches surfactants used for film slurries for power storage devices, wherein the surfactants are used to improve the dispersibility and dispersion stability of the film, wherein the surfactants may be nonionic surfactants comprising polyvinyl alcohol-based polymers fatty acid sorbitan esters [Otsuka 0158]. It therefore would have been obvious for a person having ordinary skill in the art before the effective filing date to have used the sorbitan fatty acid ester taught by Otsuka as an alternative nonionic surfactant to the polyvinyl alcohol disclosed by Kwon, with a reasonable expectation to improve dispersibility and dispersion stability of the coating layer [Otsuka 0157].
Conclusion
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/T.S./ Examiner, Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
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