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 .
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato US20100159318A1 in view of Asai JP6848174B2 (corresponding to JP2017103030A cited in IDS filed 12 July 2023; using machine English translation provided).
Regarding claim 1, Sato discloses a nonaqueous electrolyte secondary battery laminated separator (Sato, [0089]) having a heat-resistant layer on one surface or both surfaces (Sato, [0101]) of a polyolefin-based base material (Sato, [0091]),
the nonaqueous electrolyte secondary battery laminated separator comprising a particle layer on at least one side of the laminated separator (Sato, [0168], slurry coating).
Sato however does not disclose wherein the particle layer containing particles having an average particle diameter of 3 µm to 10 µm, and the particle layer having a weight per unit area per layer of 0.1 g/m2 to 1.0 g/m2.
In a laminated nonaqueous electrolyte secondary battery Asai teaches comprising a polyolefin-based base material (Asai, [0082]), having a heat-resistant layer on one surface or both surfaces of the polyolefin-based base material (Asai, [0003-0004], functional layer) and separator comprising a particle layer on at least one side of the laminated separator (Asai, [0014], functional layer slurry). Asai further teaches wherein the particle layer containing particles having an average particle diameter of 0.2 µm to 5 µm (Asai, [0020]), significantly overlapping with the claimed range of 3 µm to 10 µm, and the particle layer having a weight per unit area per layer of 0.05 g/m2 to 3.0 g/m2 (Asai, [0014]), encompassing the claimed range of 0.1 g/m2 to 1.0 g/m2, in order to achieve further improvements in the performance of secondary batteries (Asai, [0007]).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the particle layer of Sato with the teaching of Asai wherein the particle layer containing particles having an average particle diameter of 3 µm to 10 µm and the particle layer having a weight per unit area per layer of 0.1 g/m2 to 1.0 g/m2 thereby achieving further improvements in the performance of secondary batteries.
Regarding claim 2, modified Sato also teaches wherein the heat-resistant layer contains an aromatic resin, specifically poly(paraphenylene terephthalamide) (Sato, [0034]), following Instant [0038].
Regarding claim 3, modified Sato additionally teaches wherein the particles contain an acrylic resin (Asai, [0048]).
Regarding claim 4, modified Sato further teaches wherein the particles each has a core-shell structure (Asai, [0046]).
Regarding claim 5, modified Sato also teaches wherein the core-shell structure contains a core particle and a shell particle that are two types of particles (Asai, [0048], [0051]), the examiner notes that the teaching of a core particle and a shell particle satisfies the limitation that are two types of particles as there are no additionally metes and bounds to distinguish the shell from the core particle(s).
Regarding claim 6, modified Sato additionally teaches nonaqueous electrolyte secondary battery member (Sato, [0089]), comprising a positive electrode, a laminated separator recited in claim 1 (see claim 1), in order to achieve further improvements in the performance of secondary batteries (Asai, [0007]), and a negative electrode, which are formed in this order (Sato, [0113]).
Regarding claim 7, modified Sato further teaches a nonaqueous electrolyte secondary battery, including a laminated separator recited in claim 1 (Sato, [0113]) (see claim 1), in order to achieve further improvements in the performance of secondary batteries (Asai, [0007]).
Regarding claim 8, modified Sato also teaches a nonaqueous electrolyte secondary battery, comprising a nonaqueous electrolyte secondary battery member recited in claim 6 (Sato, [0089], [0113]).
Response to Arguments
Applicant's arguments filed 16 March 2026 have been fully considered but they are not persuasive.
Applicant argues that Asai teaches a functional layer comprising multiple layers and the skilled artisan would therefore not be motivated to combine the teaching of Asai in Sato. This is not persuasive and the citation of exemplary properties in the Instant specification are not commensurate in scope with the claim limitations as these properties are not claimed in the independent claim as currently drafted.
As set forth above, Asai teaches a heat-resistant layer on one surface or both surfaces of the polyolefin-based base material (Asai, [0003-0004], functional layer) and separator comprising a particle layer on at least one side of the laminated separator (Asai, [0014], functional layer slurry). Asai further teaches wherein the particle layer containing particles having an average particle diameter of 0.2 µm to 5 µm (Asai, [0020]), significantly overlapping with the claimed range of 3 µm to 10 µm, and the particle layer having a weight per unit area per layer of 0.05 g/m2 to 3.0 g/m2 (Asai, [0014]), encompassing the claimed range of 0.1 g/m2 to 1.0 g/m2, in order to achieve further improvements in the performance of secondary batteries (Asai, [0007]), satisfying the claim limitation as currently drafted.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kobayashi JP4350953B2 (discloses a separator comprising a heat-resistant layer comprising particles of 10 µm or less in size).
THIS ACTION IS MADE FINAL. 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.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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