DETAILED ACTION
The applicant’s amendment filed on July 13, 2026 was received. Claim 1 was amended. New claim 12 was added.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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
In view of Applicant’s amendment of claim 1, the Examiner withdraws the previously set forth rejection of claims 1-11 under 35 U.S.C. 103 as being unpatentable over Toyoda et al. as detailed in the Office action dated February 25, 2026. Upon further review of the Toyoda reference, however, a new rejection is provided under a new interpretation thereof.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda et al. (hereinafter “Toyoda”) (EP 2835844 A1, already of record).
Regarding claims 1-4 and 8-11, Toyoda teaches a secondary battery (electrochemical device) separator comprising an organic separator layer (separator substrate), a heat-durable layer formed adjacent to at least one surface of the organic separator layer, and an adhesive layer (functional layer) formed on the heat-durable layer (see paragraph 19).
The adhesive layer contains a particulate polymer having a glass transition temperature (Tg) of 10 to 100°C (see paragraph 88). The particulate polymer may comprise a crosslinkable monomer unit (see paragraph 95). As a crosslinkable monomer, 1,2-epoxy-5,9-cyclododecadiene (cycloolefin) may be used (see paragraphs 60 and 96). The volume average particle diameter D50 of the particulate polymer is 0.01 to 2 µm (see paragraph 115). The swelling ratio of the particulate polymer in an electrolyte solution of 1 mol/L LiPF6 in EC:DEC is preferably 1.1 to 15 times (110% to 1500%) (see paragraphs 116 and 117). In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) (see MPEP § 2144.05).
Regarding claims 5 and 6, Toyoda teaches the adhesive layer may contain, in addition to the particulate polymer, the binder and the non-conductive particles that are used for the heat-durable layer (see paragraph 125). The binder of the heat-durable layer may comprise polyisoprene, which is known to have a glass transition temperature in the range of approximately -70 to -73 °C (see paragraphs 35-37).
Regarding claim 7, Toyoda teaches that as the non-conductive particles of the heat-durable layer, inorganic oxides such as alumina (non-conductive heat-resistant particles) may be used (see paragraph 27).
Regarding claim 12, it is noted that the claim does not require that the hydrogenated polymer be selected for the particulate polymer. Claim 12, in its current form, effectively details one option of claim 1, but does not require that this option be chosen.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 have been considered but are no longer relevant to the current rejection(s).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727
