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
Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/18/2026.
Applicant’s election without traverse of Group I in the reply filed on 5/18/2026 is acknowledged.
During a telephone conversation with applicant’s attorney, Mr. Benjamin C. Stasa of BROOKS KUSHMAN P.C., and Examiner Abelson on 7/7/2026 a provisional election was made without traverse to prosecute the species of Species I, claims 1-12, in reference to the Restriction/Election requirement sent electronically on 03/17/2026. Affirmation of this election must be made by applicant in replying to this Office action. Claims 13-19 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected species.
Claim Rejections - 35 USC § 103
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.
Claims 1-12 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Li US-20230378610-A1, and further in view of Cho US-11342578-B2.
Regarding claim 1, Li US-20230378610-A1 teaches:
A solid electrolyte separator comprising:
a membrane including solid electrolyte particles (30),
ion conducting polymer electrolyte (100) binding the solid electrolyte particles (30) together,
Li is silent on chopped nonpolar nanofibers mechanically interlocking the solid electrolyte particles together.
However, Cho teaches nonpolar nanofibers (Cho; Column 2, Lines 35-37, 39-40; "polymer filaments include one type of polymer material selected from the group consisting of ... polyvinyledene fluoride").
The Examiner further notes that Cho teaches inclusion of nonpolar nanofibers for the specific purpose of mechanically interlocking solid electrolyte particles would benefit the disclosure of Li by further improving ionic conduction of the solid electrolyte particles while increasing durability, flexibility and intended shape formation (Cho; Column 3; lines 15- 28, "the solid electrolyte is uniformly filled in 3-dimensional mesh structure of polymer filaments … and the ionic conductivity is good. In addition, solid electrolyte particle is less likely to be disconnected from the solid electrolyte membrane, and 3-dimensional mesh structure increases durability and flexibility and prevents shape deformation").
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the disclosure of Li by inclusion of nonpolar nanofibers for the purpose of mechanically interlocking solid electrolyte particles together, as suggested by Cho.
The Examiner notes that Cho is silent on a phrase such as "chopped" or "cut" with respect to the "nonpolar nanofiber". However, Cho teaches the nonpolar nanofibers wherein the lengths of the nonpolar nanofibers fall within the range of 5 μm to 500 μm (Cho; Column 5; Lines 49-50, "the length may be 5 μm to 500 μm", which falls within the required lengths disclosed in the instant specification of 1 to 1000 μm (Instant; (0017); “lengths of the nanofibers may be within the range of 1 µm to 1 mm”).
Therefore, the Examiner is treating the "chopped" limitation as a product by process limitation rendered obvious by the length limitations of Cho.
Regarding claim 2, modified Li teaches the solid electrolyte separator of claim 1,
wherein the ion conducting polymer electrolyte includes polyethylene-oxide-like polymer electrolyte (Li; (0072); "polyethylene glycol (PEO)").
The Examiner notes that the limitation of "in situ formed" polyethylene-oxide-like polymer electrolyte is being treated as a product by process limitation rendered obvious by the inclusion of polyethylene-oxide-like polymer electrolyte in Li.
The Examiner notes that the instant disclosure specification is silent that forming "in situ" polyethylene-oxide-like polymer electrolyte provides a different structure than polyethylene-oxide-like polymer electrolyte formed outside the device.
Regarding claim 3, modified Li teaches the solid electrolyte separator of claim 1,
wherein lengths of the chopped nonpolar nanofibers fall within a range of 5 µm to 500 µm (Cho; Column 5, Lines 49-50; "the length may be 5 μm to 500 μm ").
Regarding claim 4, modified Li teaches the solid electrolyte separator of claim 3,
wherein lengths of the chopped nonpolar nanofibers fall within a range of 5 µm to 300 µm (Cho; Column 5, Lines 49, 54; "the length may be 5 μm to … 300 μm or less").
Regarding claim 5, modified Li teaches the solid electrolyte separator of claim 4,
wherein lengths of the chopped nonpolar nanofibers fall within a range of 5 µm to 100 µm (Cho; Column 5, Lines 49, 55; "the length may be 5 μm to … "100 μm or less").
Regarding claim 6, modified Li teaches the solid electrolyte separator of claim 1,
wherein diameters of the chopped nonpolar nanofibers fall within the range of 0.1 to 2 µm (Cho; Column 5, Lines 40-41; "the diameter of the polymer filaments may be 100 nm to 2 μm")
Regarding claim 7, modified Li teaches the solid electrolyte separator of claim 6,
wherein diameters of the chopped nonpolar nanofibers fall within the range of 0.1 to 2 µm (Cho; Column 5, Lines 40-41; "the diameter of the polymer filaments may be 100 nm to 2 μm")
Regarding claim 8, modified Li teaches the solid electrolyte separator of claim 7,
wherein diameters of the chopped nonpolar nanofibers fall within the range of 0.3 to 2 µm (Cho; Column 5, Lines 40-41, 41-43; "the diameter of the polymer filaments may be 100 nm to 2 μm" … “and in the above-described range, the diameter may be 300 nm or more”)
Regarding claim 9, modified Li teaches the solid electrolyte separator of claim 1,
wherein the weight percent of the membrane falls within the range of 1 to 70 weight percent chopped nonpolar nanofibers (Cho; Column 6, Lines 54-58; "In a particular embodiment of the present disclosure, the inorganic solid electrolyte and the polymer filaments (nonwoven fabric precursor) may be included in the solid electrolyte membrane at a weight ratio (weight %) of about 99:1 to 30:70").
Further regarding claim 9, modified Li further teaches the solid electrolyte separator of claim 1,
wherein weight percent of the membrane fall within the range of 0.1 to 50 weight percent ion conducting polymer electrolyte (Li, (0063), "the first polymeric gel electrolyte 100 may include greater than or equal to about or exactly 0.1 wt. % to less than or equal to about or exactly 50 wt. % of the polymer host").
Regarding claim 10, modified Li teaches the solid electrolyte separator of claim 9,
wherein the weight percent of the membrane falls within the range of 1 to 70 weight percent chopped nonpolar nanofibers (Cho; Column 6, Lines 54-58; "In a particular embodiment of the present disclosure, the inorganic solid electrolyte and the polymer filaments (nonwoven fabric precursor) may be included in the solid electrolyte membrane at a weight ratio (weight %) of about 99:1 to 30:70").
Further regarding claim 10, modified Li further teaches the solid electrolyte separator of claim 9,
wherein weight percent of the membrane fall within the range of 0.1 to 50 weight percent ion conducting polymer electrolyte (Li, (0063), "the first polymeric gel electrolyte 100 may include greater than or equal to about or exactly 0.1 wt. % to less than or equal to about or exactly 50 wt. % of the polymer host").
Regarding claim 11, modified Li teaches the solid electrolyte separator of claim 10,
wherein the weight percent of the membrane falls within the range of 1 to 70 weight percent chopped nonpolar nanofibers (Cho; Column 6, Lines 54-58; "In a particular embodiment of the present disclosure, the inorganic solid electrolyte and the polymer filaments (nonwoven fabric precursor) may be included in the solid electrolyte membrane at a weight ratio (weight %) of about 99:1 to 30:70").
Further regarding claim 11, modified Li further teaches the solid electrolyte separator of claim 10,
wherein weight percent of the membrane fall within the range of 0.1 to 50 weight percent ion conducting polymer electrolyte (Li, (0063), "the first polymeric gel electrolyte 100 may include greater than or equal to about or exactly 0.1 wt. % to less than or equal to about or exactly 50 wt. % of the polymer host").
Regarding claim 12, modified Li teaches the solid electrolyte separator of claim 1,
wherein the chopped nonpolar nanofibers include at least one of polyvinylidene fluoride fibers (Cho; Column 2, Lines 35-37, 39-40; "polymer filaments include one type of polymer material selected from the group consisting of ... polyvinyledene fluoride").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN M ABELSON whose telephone number is (571)272-9302. The examiner can normally be reached Monday - Friday, 7:30 AM - 5:00 PM U.S. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EVAN ABELSON
Examiner
Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
Prosecution Insights