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 of Group II (claims 7-8) in the reply filed on June 2nd, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-6 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, The term “large” in claim 1 is a relative term which renders the claim indefinite. The term “large” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner will interpret the claim limitation as --a polyolefin substrate film having micropores--
Claim 8 is rejected as it depends from claim 7.
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.
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsukuda et al. (EP0898316 A1), hereinafter Tsukuda, and further in view of Tamiyasu et al. (KR20170044128A and using Machine Translation as English version), hereinafter Tamiyasu.
Regarding claim 7, Tsukuda discloses a method for producing the insulating film for a secondary battery as defined in Claim 1; wherein the insulating film is an insulating film for a secondary battery, comprising a polyolefin substrate film having micropores (i.e., at least as disclosed in [0032] a separator for a non-aqueous electrolyte batteries which comprises a porous base comprising nonwoven fabric containing organic fibers, porous film, non-woven fabric, woven fabric, etc., and an organometallic compound applied to the porous base, etc., whereby as disclosed in [0040] the organic fibers are at least one kind of fiber selected from polyolefin fibers, etc., and as disclosed in [0057] the porous film used the present invention preferably has a maximum pore diameter of 10 µm or less, etc., also see [0055]-[0056], [0059], [0065]-[0067], [0093], [0141], etc.),
at least some of which contain a metal oxide (i.e., at least as disclosed in [0134] whereby a porous base, as discussed above, contacts a solution of the organometallic compound by coating or spraying, followed by drying, etc. to apply the organometallic compound to the porous base, etc., whereby as disclosed in [0115] the organometallic compounds used in the present invention may be made of organotitanium compounds, organoaluminum compounds, etc., such that as disclosed in [0126] when a hydrolyzate of these organotitanium compounds is applied to a separator for non-aqueous electrolyte batteries, there is formed a film of titanium dioxide, etc., which at least provides a metal oxide, etc., also see [0123]-[0126], [0144], [0167], [0171]-[0172], etc.),
wherein the metal oxide is present on the inner wall of the micropores (i.e. at least as disclosed in [0158]-[0159] when the porous base in the present invention contains a nonwoven fabric or a paper, since there are complicated interlockings of the fibers also in the Z direction, the organometallic compound can be widely applied up to the inside of the porous base, resulting in a great effect to inhibit shrinking in the Z direction, etc., such that, and as discussed above, and as disclosed in [0126] when a hydrolyzate of these organotitanium compounds is applied to a separator for non-aqueous electrolyte batteries, there is formed a film of titanium dioxide, etc., such that the skilled artisan would appreciate that since the organometallic compound can be widely applied up to the inside of the porous base that this at least includes the metal oxide is present on the inner wall of the micropores so as to be present inside of the porous base, etc., and lacking any further distinction thereof, also see [0167], [0171]-[0172]),
which comprises spraying a non-aqueous solution containing an alkyl compound corresponding to a metal of the metal oxide and/or a partial hydrolysate of the alkyl compound over the substrate film and drying the non-aqueous solution (i.e., at least as disclosed in [0046] the method for producing a separator for non-aqueous electrolyte batteries according to the present invention is characterized in that a porous base comprising at least one member selected from a porous film, a woven fabric and nonwoven fabric containing organic fibers and a paper is allowed to contact with a solution of an organometallic compound by a method of coating or spraying and is dried or cured by heating to apply the organometallic compound to the porous base, etc., such that as disclosed in [0123] as the organotitanium compounds may be titanium alkoxides, etc., and as disclosed in [0124] the organotitanium compounds are used as hydrolyzates, and specifically organotitanium compounds dissolve in organic solvents, etc., which at least provides spraying a non-aqueous solution containing an alkyl compound corresponding to a metal of the metal oxide and/or a partial hydrolysate of the alkyl compound over the substrate film and drying the non-aqueous solution, and lacking any further distinction thereof (also see [0047]-[0049], [0134]-[0137], [0143], [0156], etc.).
However, Tsukuda is silent as to wherein the drying is carried out at from room temperature to 80°C.
Tomiyasu teaches a chemically stable alkyl aluminum solution alkyl aluminum hydrolysate composition solution composition for aluminum oxide film coating formation article having aluminum oxide film, method for producing the same, etc. (Title). Tomiyasu further teaches in [0432] the drying temperature of the organic solvent in process (A) can be, for example, in the range of 20 to 200°C and can be appropriately set depending on the type of organic solvent, etc., which at least provides a range that overlaps and/or encompasses the claimed range of the drying is carried out at from room temperature to 80°C, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.) (also see Examples 2-21 and 2-22 and heating at 50°C, also see [0200], [0295]-[0296], [0356]-[0358], [0360], [0431], [0459], [0483], [0493]-[0494], [0683], [0822], Example 3-1-11).
Tomiyasu further teaches in [0359] since it is possible to process in a short time by using a heat treatment at a low temperature of 350°C or lower during the drying of the solvent or subsequent heat treatment, it is possible to form a film when a substrate with low heat resistance such as a resin is used, or to form a film when there is a problem in processing electronic device films such as electrodes, semiconductors, and insulators formed from inorganic materials such as metals, oxides, nitrides, and carbon compounds, organic materials such as low molecular weight polymers, and composites of the aforementioned inorganic and organic materials.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Tsukuda with the teachings of Tomiyasu, whereby the method for producing the insulating film for a secondary battery as disclosed by Tsukuda further includes drying is carried out at from room temperature to 80°C as taught by Tomiyasu so that it is possible to process in a short time by using a heat treatment at a low temperature of 350°C or lower during the drying of the solvent or subsequent heat treatment, it is possible to form a film when a substrate with low heat resistance such as a resin is used, or to form a film when there is a problem in processing electronic device films such as electrodes, semiconductors, and insulators formed from inorganic materials such as metals, oxides, etc.
Furthermore, as to the limitation “insulating film” since Tsukuda discloses a microporous polyolefin, etc., as discussed above, which is an identical and/or substantially identical polyolefin substrate film, properties and/or functions such as insulating are presumed inherent (MPEP 2112.01, I., II., In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)).
Furthermore, and as to the limitation “wherein the metal oxide is present on the inner wall of the micropores”, since Tsukuda and/or the combined teachings of Tsukuda and Tomiyasu discloses an identical and/or substantially identical method as that claimed, a prima facie case of anticipation exists, such that skilled artisan would appreciate that the metal oxide would be at least present on the inner wall of the micropores since the recited steps of spraying said non-aqueous solution over said substrate film are identical and/or substantially identical, lacking any further distinction thereof (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
In the alternative, and as to the limitation spraying a non-aqueous solution containing an alkyl compound corresponding to a metal of the metal oxide and/or a partial hydrolysate of the alkyl compound over the substrate film and drying the non-aqueous solution, Tomiyasu further teaches in [0200] forming a coating film by applying a solution containing an alkyl aluminum compound composed of dialkylaluminum, trialkylaluminum having 1 to 6 carbon atoms, etc., an organic solvent, whereby as taught in [0204] the coating is performed by spray coating, etc., (also see [0205]-[0221] and alkyl aluminum compound triethylaluminum for example, etc., also see Example 2-21, [0674]-[0683]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Tsukuda with the teachings of Tomiyasu, whereby the method for producing the insulating film for a secondary battery as disclosed by Tsukuda further includes spraying a non-aqueous solution containing an alkyl compound corresponding to a metal of the metal oxide and/or a partial hydrolysate of the alkyl compound over the substrate film and drying the non-aqueous solution as taught by Tomiyasu so that it is possible to process in a short time by using a heat treatment at a low temperature of 350°C or lower during the drying of the solvent or subsequent heat treatment, it is possible to form a film when a substrate with low heat resistance such as a resin is used, or to form a film when there is a problem in processing electronic device films such as electrodes, semiconductors, and insulators formed from inorganic materials such as metals, oxides, etc.
Furthermore, and as to the limitation “wherein the metal oxide is present on the inner wall of the micropores”, since Tsukuda and/or the combined teachings of Tsukuda and Tomiyasu discloses an identical and/or substantially identical method as that claimed, a prima facie case of anticipation exists, such that skilled artisan would appreciate that the metal oxide would be at least present on the inner wall of the micropores since the recited steps of spraying said non-aqueous solution over said substrate film are identical and/or substantially identical, lacking any further distinction thereof (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Regarding claim 8, Tsukuda discloses the method for producing the insulating film for a secondary battery as discussed above in claim 7. However, Tsukuda is silent as to the alkyl compound corresponding to a metal of the metal oxide is an alkylaluminum compound.
The combined teachings of Tsukuda and Tomiyasu disclose the method for producing the insulating film for a secondary battery as discussed above in claim 7. Tomiyasu further teaches in [0200] forming a coating film by applying a solution containing an alkyl aluminum compound composed of dialkylaluminum, trialkylaluminum having 1 to 6 carbon atoms, etc., an organic solvent, whereby as taught in [0204] the coating is performed by spray coating, etc., (also see [0205]-[0221] and alkyl aluminum compound triethylaluminum for example, etc., also see Example 2-21, [0674]-[0683]), which at least provides the alkyl compound corresponding to a metal of the metal oxide is an alkylaluminum compound, and lacking any further structural distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Tsukuda with the teachings of Tomiyasu, whereby the method for producing the insulating film for a secondary battery as disclosed by Tsukuda further includes the alkyl compound corresponding to a metal of the metal oxide is an alkylaluminum compound as taught by Tomiyasu so that it is possible to process in a short time by using a heat treatment at a low temperature of 350°C or lower during the drying of the solvent or subsequent heat treatment, it is possible to form a film when a substrate with low heat resistance such as a resin is used, or to form a film when there is a problem in processing electronic device films such as electrodes, semiconductors, and insulators formed from inorganic materials such as metals, oxides, etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iwamuro et al. (U.S. PGPub US 2018/0145299 A1) discloses a porous film, separator including the same, electrochemical device including the porous film, and method of preparing the porous film (Title), whereby as disclosed in [0022] according to one or more embodiments, a porous film, a separator including the porous film, an electrochemical device including the porous film, and a method of preparing the porous film will be described.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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