DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 957-963, 966-991, and 993-1013 are pending, with claims 957-963, 966-990, and 993 withdrawn from consideration as being directed to non-elected species and subspecies.
Claims 1-956, 964, 965, and 992 have been canceled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 06, 2026 has been entered.
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 1012 and 1013 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.
Claims 1012 and 1013 recite that carbon black and graphite are organic materials.
Graphite is a crystalline allotrope (form) of carbon, and carbon black is high purity powder of elemental carbon.
However, an organic compound is a compound in which one or more carbon atoms are covalently bonded to other elements, such as hydrogen, oxygen, or nitrogen (see the attached definition of “Organic Compound”).
Graphite and carbon black do not include carbon atoms covalently bonded to other elements, so they are not organic compounds.
It is not clear what is the joint inventor claiming as the invention in claims 1012 and 1013.
The claims are interpreted as reciting “a mixture of an organic material and an inorganic material, the organic material is at least one selected from the group consisting of a polyimide resin, a melamine resin, a phenol rein, a polymethyl methacrylate (PMMA) resin, a polystyrene resin, a polydivinylbenzene (PDVB) resin and any combination thereof, and the inorganic material is selected from the group consisting of carbon black, graphite, and any combinations thereof”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraph of 35 U.S.C. 102 that forms 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 991, 994, 999-1003, and 1006-1011 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (US 2016/0204409).
With regard to claims 991, 999, 1002, 1009, and 1010, Jeon teaches coatings comprising polyvinylpyrrolidone (PVP), polyvinyl alcohol (PVA), and Al2O3 particles formed onto a polypropylene (PP) microporous separator membrane (par.0044, Examples 1-6 and 9-12 in Table 1, par.0047). The coatings are applied as aqueous solutions (par.0038).
The polypropylene (PP) microporous separator membrane is “one polyolefinic microporous layer, said polyolefinic microporous layer being adapted to block ionic flow between an anode and a cathode in the event of thermal runaway” in claims 991 and 999 (see par.0099 and par. 0103 of the specification of the instant application).
Polyvinyl alcohol (PVA) is a ”polymeric binder comprising an aqueous solvent” in claims 991 and 999.
Al2O3 particles are “heat-resistant particles” in claims 991 and 999 (see definition in par.0049 of the specification of the instant application), and meet the limitations of claims 1009 and 1010.
Polyvinylpyrrolidone (PVP) acts as adhesion agent (see par.0037 of Jeon and par.0069 of the specification of the instant application).
The coating of Jeon comprises the same compounds as the ceramic composite layer of the instant application.
The specification of the instant application teaches that the ceramic composite layer black dendrite growth and prevents electronic shorting (par.0122 and par.0141)
Absent a record to the contrary, it is expected that the coatings of Jeon block dendrite growth and prevent electronic shorting.
"[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977) (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
Jeon further teaches that the separator is used in a lithium-ion secondary battery.
Therefore, the separator of Jeon anticipates the separators in claims 991, 999, 1002, 1009, and 1010 of the instant application.
With regard to claims 994, Jeon teaches coatings comprising polyvinylpyrrolidone (PVP), polyvinyl alcohol (PVA), and Al2O3 particles formed onto a polypropylene (PP) microporous separator membrane (par.0044, Examples 1-6 and 9-12 in Table 1, par.0047). The coatings are applied as aqueous solutions (par.0038).
The Al2O3 particles may have a particle size of 0.05-5 microns (par.0038). This range is within the claimed range.
The coatings may have a thickness of 4 microns (Examples 1-5 and 9-12 in Table 1, par.0047) or 2 microns (Example 6 in Table 1, par.0047). These values are within the claimed range.
The polypropylene (PP) microporous separator membrane is “one polyolefinic microporous layer, wherein the polyolefinic microporous layer comprises polypropylene, and is adapted to block ionic flow between an anode and a cathode in the event of thermal runaway” (see par.0099 and par. 0103 of the specification of the instant application).
Polyvinyl alcohol (PVA) is “a polymeric binder comprising an aqueous solvent”.
Al2O3 particles are “heat-resistant particles comprising aluminum oxide (Al2O3)”.
Polyvinylpyrrolidone (PVP) acts as adhesion agent (see par.0037 of Jeon and par.0069 of the specification of the instant application).
The coating of Jeon comprises the same compounds as the ceramic composite layer of the instant application.
The specification of the instant application teaches that the ceramic composite layer black dendrite growth and prevents electronic shorting (par.0122 and par.0141)
Absent a record to the contrary, it is expected that the coatings of Jeon block dendrite growth after repetitive charge-discharge cycling and to prevent electronic shorting throughout repetitive charge-discharge cycling throughout the cycle life of the battery (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
Jeon further teaches that the separator is used in a lithium-ion secondary battery (abstract).
Therefore, the separator of Jeon anticipates the separator in claim 994 of the instant application.
With regard to claims 996 and 1003, the coating of Jeon comprises the same components as the ceramic composite layer of the instant application (see par. 0048, par.0052, par.0069 of the specification of the instant application).
The specification teaches that the ceramic composite layer is non porous and pores are formed once in contact with an electrolyte (par.0118).
Absent a record to the contrary, it is expected that the coating of Jeon is non porous and pores are formed once in contact with an electrolyte (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
With regard to claim 1000, Jeon teaches coatings comprising polyvinylpyrrolidone (PVP), polyvinyl acetate (PVA), and Al2O3 particles formed onto a polypropylene (PP) microporous separator membrane (par.0044, Examples 1-6 and 9-12 in Table 1, par.0047).
With regard to claim 1001, Jeon teaches that the coating may have a thickness of 4 microns (Examples 1-4 in Table 1, par.0047). This value is within the claimed range.
With regard to claim 1006, polyvinyl alcohol (PVA) is a gel-forming polymer (as evidenced in claim 8 of Warner et al. (US 2005/0266085)).
With regard to claim 1007, polyvinyl alcohol (PVA) is a continuous material in which Al2O3 particles are embedded.
With regard to claim 1008, Jeon teaches that the Al2O3 particles may have a particle size of 0.05-5 microns (par.0038). This range is within the claimed range.
With regard to claims 1011, the polypropylene (PP) microporous separator membrane of Jeon meets the claim limitations.
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 995, 1004, and 1005 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Ogata (US 2014/0227603).
With regard to claims 995, Jeon teaches the separator of claims 994 and 999 (see paragraph 7 above), wherein polyvinyl alcohol (PVA) is used as binder (see the examples in Table 1 in par.0047), but fail to teach the claimed polymers.
Ogata teaches a secondary battery (abstract), and further teaches that the separator of the secondary battery may be a laminated porous film obtained by laminating a porous membrane and a heat-resistant layer. The membrane is preferably a porous membrane of a porous polyolefin (par.0090). The heat-resistant layer comprises inorganic particles (par.0091-0093), and a binder (par.0095). The binder may be a fluorine-based polymer such as polyvinylidene fluoride, polytetrafluoroethylene (par.0096), an olefin polymer such as polyvinyl alcohol or polyacrylonitrile (par.0099), or an acrylate polymer such as polymethyl methacrylate (par.0101).
This shows that polyvinyl alcohol is functionally equivalent to polyvinylidene fluoride, polytetrafluoroethylene, polyacrylonitrile, and polymethyl methacrylate as binder of a heat-resistant layer of a separator.
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to replace polyvinyl alcohol (PVA) with polyvinylidene fluoride, polytetrafluoroethylene, polyacrylonitrile, or polymethyl methacrylate as the binder in the coating for the separator of Jeon.
With regard to claim 1005, polyvinylidene fluoride meets the claim limitations.
Claim 997 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Toyama et al. (US 2011/0217574).
With regard to claims 997, Jeon teaches coatings comprising polyvinylpyrrolidone (PVP), polyvinyl alcohol (PVA), and Al2O3 particles formed onto a polypropylene (PP) microporous separator membrane (par.0044, Examples 1-6 and 9-12 in Table 1, par.0047). The coatings are applied as aqueous solutions (par.0038).
The Al2O3 particles may have a particle size of 0.05-5 microns (par.0038). This range is within the claimed range.
The coatings may have a thickness of 4 microns (Examples 1-5 and 9-12 in Table 1, par.0047) or 2 microns (Example 6 in Table 1, par.0047). These values are within the claimed range.
The polypropylene (PP) microporous separator membrane is “one polyolefinic microporous layer, wherein the polyolefinic microporous layer comprises polypropylene, and is adapted to block ionic flow between an anode and a cathode in the event of thermal runaway” (see par.0099 and par. 0103 of the specification of the instant application).
Polyvinyl alcohol (PVA) is a ”polymeric binder comprising an aqueous solvent”.
Al2O3 particles are “heat-resistant particles comprising aluminum oxide (Al2O3)”.
Polyvinylpyrrolidone (PVP) acts as adhesion agent (see par.0037 of Jeon and par.0069 of the specification of the instant application).
The coating of Jeon comprises the same compounds as the ceramic composite layer of the instant application.
The specification of the instant application teaches that the ceramic composite layer black dendrite growth and prevents electronic shorting (par.0122 and par.0141)
Absent a record to the contrary, it is expected that the coatings of Jeon block dendrite growth after repetitive charge-discharge cycling and to prevent electronic shorting throughout repetitive charge-discharge cycling throughout the cycle life of the battery (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
Jeon further teaches that the separator is used in a lithium-ion secondary battery (abstract), but fails to specifically teach the components of the lithium-ion secondary battery.
However, Toyama et al. teach that a lithium-ion secondary battery may comprises a cathode, an anode, and a separator disposed between the anode and the cathode (fig.1, par.0044). The cathode has lithium ion (Li+) intercalation/deintercalation ability, and the anode may be made of lithium metal (par.0034, par.0048, par.0137).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use a cathode with lithium ion (Li+) intercalation/deintercalation ability, and a lithium metal anode in the lithium-ion secondary battery of Jeon.
Claim 998 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Toyama et al. (US 2011/0217574) as applied to claim 997 above, and further in view of Ogata (US 2014/0227603).
With regard to claim 998, Jeon modified by Toyama teach the battery of claim 997 (see paragraph 10 above).
Jeon teaches that polyvinyl alcohol (PVA) is used as binder (see the examples in Table 1 in par.0047), but fail to teach the claimed polymers.
Ogata teaches a secondary battery (abstract), and further teaches that the separator of the secondary battery may be a laminated porous film obtained by laminating a porous membrane and a heat-resistant layer. The membrane is preferably a porous membrane of a porous polyolefin (par.0090). The heat-resistant layer comprises inorganic particles (par.0091-0093), and a binder (par.0095). The binder may be a fluorine-based polymer such as polyvinylidene fluoride, polytetrafluoroethylene (par.0096), an olefin polymer such as polyvinyl alcohol or polyacrylonitrile (par.0099), or an acrylate polymer such as polymethyl methacrylate (par.0101).
This shows that polyvinyl alcohol is functionally equivalent to polyvinylidene fluoride, polytetrafluoroethylene, polyacrylonitrile, and polymethyl methacrylate as binder of a heat-resistant layer of a separator.
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to replace polyvinyl alcohol (PVA) with polyvinylidene fluoride, polytetrafluoroethylene, polyacrylonitrile, or polymethyl methacrylate as the binder in the coating for the separator of Jeon modified by Toyama.
Claims 1012 and 1013 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Hirai et al. (US 2014/0242443).
With regard to claims 1012 and 1013, Jeon teaches the separators of claims 991 and 999 (see paragraph 7above).
Jeon further teaches that organic particles may be used in combination with inorganic particles such as alumina (Al2O3)(par.0018) but fails to specifically teach the claimed organic particles.
Hirai et al. teach a separator comprising a resin porous substrate and heat-resistant insulation layer containing heat-resistant particles and a binder (abstract). Organic particles such as a polyimide resin, melamine resin, phenol resin may be used as heat-resistant particles, and by using organic particles a lightweight battery may be obtained (par.0059).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use organic particles such as polyimide resin, melamine resin, or phenol resin particles in combination with Al2O3 particles in the coating of Jeon, in order to lower the weight of the battery.
Response to Arguments
Applicant’s arguments with respect to claims 991 and 994-1013 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The examiner would like to note that:
-the rejection of claims 995, 996, and 998 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is withdrawn after the applicant’s amendments to claims 995 and 998; and
-the rejection of claims 991 and 994-1011 under 35 U.S.C. 103 as being unpatentable over Zhang (US Patent 6,432,586) is withdrawn after the applicant’s amendments to claims 991, 994, 997, and 999.
However, new grounds of rejection for claims 991 and 994-1013 are presented in paragraphs 4-12 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Matsui et al. (US 2011/0311856) teach a separator including a polyolefin-based film laminated with a particle-containing layer containing a cellulose based resin, inorganic particles, and thermoplastic resin particles with a melting point of 100-140oC (abstract). The particle-containing layer is applied as aqueous slurry (par.0118-0121).
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/ANCA EOFF/Primary Examiner, Art Unit 1722