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
Claims 1-6 are currently pending in the application and are being examined on the merits in this Office Action.
Claim Rejections - 35 USC § 103
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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishikawa et al. (U.S. Patent Application Publication 2011/0143185) and further in view of Hatta et al. (U.S. Patent Application Publication 2016/0285064).
Regarding claim 1, Nishikawa teaches a nonaqueous electrolyte battery functional layer (i.e., separator) (paragraph [0039]) wherein:
the nonaqueous electrolyte secondary battery functional layer has an internal void volume of not less than 2.5 mL/m2 (see figure 2 where 2.5 mL/m2 is included) (paragraph [0110]-[0111]).
Nishikawa does not explicitly teach the nonaqueous electrolyte secondary battery functional layer has a surface having an uneven space volume of not less than 0.5 mL/m2. However, since the layer is porous it is reasonably to interpret that the surface is uneven.
Hatta, also directed to a nonaqueous electrolyte battery functional layer (i.e., separator) (abstract), teaches a layer with a surface having an uneven space volume (i.e., concavo-convex shape) (see figure 2) (paragraph [0054], [0058]). Hatta teaches the layer having a porosity of 25-40% and a thickness of 7-20 µm (paragraphs [0050]-[0051]) which results for example, in a volume of 1.75 mL/m2 (e.g., 7µm x 0.25). Hatta teaches this configuration function satisfactorily as sites that permeate ions (paragraph [0134]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Nishikawa layer to have an uneven surface with a space volume of 1.75 mL/m2 as suggested by Hatta, in order to create areas for effective ion permeability.
Regarding claim 2, Nishikawa teaches a battery with the separator having the functional layer and a polyolefin base material (paragraph [0039], [0071]).
Regarding claim 3, Nishikawa teaches a battery having a positive electrode (paragraph [0100]), a negative electrode (paragraph [0101]), and a separator (as described above).
Regarding claims 4-6, Nishikawa teaches a nonaqueous secondary battery comprising the separator as described above in claims 1-3 (see paragraphs [0100]-[0104]).
Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kajita et al. (U.S. Patent Application Publication 2013/0059192). Kajita teaches a nonaqueous electrolyte battery functional layer (i.e., separator) (abstract) with an uneven surface (see figure 2) (paragraph [0078]).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN ROLDAN whose telephone number is (571)272-5098. The examiner can normally be reached Monday - Thursday 9:00 am - 7:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONG GUO can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
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