DETAILED OFFICIAL 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 1-9 in the reply filed on 06 May 2026 is acknowledged.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The traversal is on the ground(s) that there is no undue burden in examining the claims. Applicants further argue that the groups of claims are not so unrelated as would require a burden beyond that of the normal burdens of examination. This argument has been considered but not found persuasive. MPEP § 808.02 recites that for the purposes of the initial requirement of a restriction, a serious burden on the examiner may be prima facie shown if the examiner shows by appropriate explanation either separate classification, separate status in the art, or a different field of search as defined in MPEP § 808.02. Since the Examiner has shown a different classification for the two groups of claims, a burden for examining both groups has been shown.
The requirement is still deemed proper and is therefore made FINAL.
Status of Claims
Claims 1-20 are pending in the current application, claims 10-20 are withdrawn, and claims 1-9 are under consideration on the merits.
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published application US 2025/0105445 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 102 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao et al. (US 2021/0234153 A1; “Xiao”). Kimishima et al. (US 2009/0170005 A1; “Kimishima”) is relied upon as an evidentiary reference in support of the rejection.
Regarding claim 1, Xiao discloses a separator for electrochemical cells (for use in an electrochemical cell) [element 26, 0002, 0007, 0050, 0052, 0060, FIG. 1], comprising, inter alia a polyolefin [0063], and an additional polymer(s), of which includes, inter alia polyethylene terephthalate [0065] (see MPEP 2131.02(II)), wherein polyethylene terephthalate exhibits a melting point between 250-270°C [Kimishima, 0055], and reads on the claimed base film comprising a polymer having a melting point greater than 180°C. Additionally, a ceramic material may be mixed with the polymer(s) or on the surface of the polymer(s), coating the separator (a ceramic directly contacting the polymer) [0065]. Furthermore, a lithiated layer/lithium-containing coating [element 130, 0007, 0080, FIG. 2] is on an outer surface of the separator (lithium on an outer surface of the prelithiated separator) [FIGs 1-2]. The additional polymers, ceramic material, and lithiated layer together read on the claimed separator, wherein the lithiated layer meets the claimed limitation of prelithiated.
Regarding claim 2, the rejection of claim 1 above reads on the polymer defined by claim 2.
Regarding claim 3, in view of the rejection of claim 1 above, Xiao further discloses that the ceramic material is, inter alia Al2O3 [0065].
Regarding claim 4, in view of the rejection of claim 1 above, Xiao further discloses that the lithiated layer has a lithium reservoir (thickness of lithium) that compensates for lithium lost during cycling, including during the first cycle of the electrochemical cell, so as to decrease capacity loss over time [0050, 0072-0073].
Regarding claim 5, the rejection of claim 1 above reads on the lithium defined by claim 5.
Regarding claim 6, the rejection of claim 1 above reads on the ceramic defined by claim 6 – the ceramic material may be mixed with the polymer(s) [0065].
Regarding claim 7, the rejection of claim 1 above reads on the ceramic defined by claim 6 – the ceramic material may be on the surface of the polymer(s), coating the separator (a ceramic layer directly on the base film) [0065]. Furthermore, the lithiated layer/lithium-containing coating on the outer surface of the separator is directly on the ceramic layer [0065, 0080, FIGs 1-2].
Regarding claim 8, in view of the rejection of claim 7 above, Xiao further discloses the ceramic material on the surface of the polymer(s) includes a ceramic layer on a negative electrode side (a first ceramic layer directly on a first surface of the base film) [0056, 0060, 0065, FIG. 1], and a ceramic layer on a positive electrode side (a second ceramic layer directly on a second surface of the base film) [0056, 0060, 0065, FIG. 1], wherein the negative electrode side is opposite the positive electrode side (the second surface of the base film being opposite the first surface of the base film) [0060, FIG. 1].
Furthermore, the lithiated layer/lithium-containing coating directly on the ceramic layer includes a lithiated layer on the negative electrode side (a first lithium layer directly on the first ceramic layer) [0080, FIGs 1-2], and the positive electrode fully lithiated (a second lithium layer directly on the second ceramic layer) [0123].
Regarding claim 9, in view of the rejection of claim 7 above, Xiao further discloses that the ceramic material is exposed at an edge of the surface of the polymer(s) [FIG. 1, see below for Annotated FIG. 1 of Xiao].
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Annotated FIG. 1 of Xiao.
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Petrowsky et al., US 2022/0006071 A1 – is directed towards a prelithiated separator [Abstract, 0013, 0057].
Dadheech et al., US 2015/0162583 A1 – is directed towards a coated separator including a ceramic-electrolyte coating [0005, 0014-0020] with an electrolyte including an ether based solvent and a lithium salt dissolved therein [0023] incorporated into the coating [0022].
Xiao et al., US 2020/0403204 A1 – is directed towards a ceramic-coated separator [0031, 0045] for an electrochemical cell [0030, 0044]. The separator is a microporous polymer separator [element 26, 0061-0062, FIG. 1], including, inter alia polyethylene terephthalate [0062], wherein the polymer maybe be mixed with a ceramic material and/or one or more surfaces of the separator may be coated with the ceramic material [0063]. Furthermore, a first ceramic-coated surface opposes the cathode and a second ceramic-coated surface opposes the anode [0064].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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