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 .
Election/Restrictions
Applicant's election with traverse of Group I (Claims 1 and 3-5) in the reply filed on 06/16/2026 is acknowledged. The traversal is on the ground(s) that the special technical feature is “a separator comprising a polymer matrix and a plasticiser, wherein the separator is substantially free from electrolyte” and not the indicated "contacting the separator with an electrolyte solution, such that electrolyte solution diffuses into the separator." This is found to be persuasive, however, the restriction remains proper because the special technical feature does not make a contribution over the art. Song et al. (Electrochimica Acta 48 (2003) 1339 /1346) teaches the following:
the separator comprising a polymer matrix and a plasticizer (a solid film composed of ethylene (EC) and poly(vinylidene fluoride / co-hexafluoropropane) (PVdF–HFP), see Abstract and Pg1340/Section 2.1),
and wherein the separator is substantially free from electrolyte (A standalone solid film composed of EC and PVdF–HFP is prepared prior to soaking the PVdF–HFP film with electrolyte solution, see Pg1340/Section 2.1. This interpretation is consistent with the instant specification which indicates that the electrolyte is not present during separator formation but the electrolyte is added during cell construction, see instant spec.-Pg4/L17-21).
The requirement is still deemed proper and is therefore made FINAL.
Claims 2 and 6-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups II-VI, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/16/2026.
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.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (Electrochimica Acta 48 (2003) 1339 /1346).
Regarding Claim 1, Song discloses:
A thermally manufactured separator for a cell (a solid film prepared via thermal treatment wherein the solid film is for the purpose of being disposing between and anode and cathode of a cell (i.e., a separator), see Pg1340/Section 2.1 and Pg1340-1341/Section 2.3),
the separator comprising a polymer matrix and a plasticizer (a solid film composed of ethylene (EC) and poly(vinylidene fluoride / co-hexafluoropropane) (PVdF–HFP), see Abstract and Pg1340/Section 2.1),
and wherein the separator is substantially free from electrolyte (A standalone solid film composed of EC and PVdF–HFP is prepared prior to soaking the PVdF–HFP film with electrolyte solution, see Pg1340/Section 2.1. This interpretation is consistent with the instant specification which indicates that the electrolyte is not present during separator formation but the electrolyte is added during cell construction, see instant spec.-Pg4/L17-21).
Regarding Claim 3, Song discloses:
wherein the polymer matrix comprises one or more compounds selected from polyvinylidene fluoride, poly(vinylidene fluoride-co-hexafluoropropylene), poly(methyl methacrylate), polyethylene oxide, polyacrylonitrile, polyvinyl chloride, polytetrafluoroethylene, polyethylene, and polypropylene (a solid film composed of ethylene (EC) and poly(vinylidene fluoride / co-hexafluoropropane) (PVdF–HFP), see Abstract and Pg1340/Section 2.1).
Regarding Claim 4, Song discloses:
wherein the plasticiser comprises one or more compounds selected from ethylene carbonate, propylene carbonate, gamma-butyrolactone, vinylene carbonate, fluoroethylene carbonate, trimethyl phosphate, sulfolane, tetraethylene glycol dimethyl ether, triethylene glycol dimethyl ether and ethylmethoxyethyl sulfone (a solid film composed of ethylene (EC) and poly(vinylidene fluoride / co-hexafluoropropane) (PVdF–HFP), see Abstract and Pg1340/Section 2.1).
Regarding Claim 5, Song discloses:
wherein the plasticiser comprises a carbonate (a solid film composed of ethylene (EC) and poly(vinylidene fluoride / co-hexafluoropropane) (PVdF–HFP), see Abstract and Pg1340/Section 2.1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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