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Claims 957-963, 966-991, and 993-1013 are pending, with claims 957-963, 966-990, and 993 withdrawn from consideration as being directed to non-elected species and subspecies.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.
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 991, 994, 999-1003, and 1006-1011 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Nakajima et al. (JP 2015-041578A, with attached machine translation) and as evidenced by Schmidhauser et al. (WO 2014/071144).
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).
Jeon fails to teach that the coating comprises any of the claimed additives.
Nakajima et al. teach a separator formed by coating a porous ceramic particle layer composition dispersed in water on a porous body (abstract). The composition for the porous ceramic particle layer comprises a thickener and a polymeric binder, wherein the thickener is carboxymethyl cellulose (par.0020-0021).
It is well-known in the art that the addition of a thickener such as carboxymethyl cellulose to a dispersion comprising inorganic particles prevents or slows down the settling of inorganic particles while providing appropriate slurry viscosity for the coating process (see page 7, lines 14-31, page 9, lines 27-31, and page 10, lines 26-32 of Schmidhauser et al.).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include carboxymethyl cellulose thickener in the aqueous composition for the coating of Jeong, in order to prevent or slow down the settling of Al2O3 particles and to obtain the appropriate viscosity for the coating process.
The coating of Jeon modified by Nakajima 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 modified by Nakajima 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 modified by Nakajima is equivalent to 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).
Jeon fails to teach that the coating comprises any of the claimed additives.
Nakajima et al. teach a separator formed by coating a porous ceramic particle layer composition dispersed in water on a porous body (abstract). The composition for the porous ceramic particle layer comprises a thickener and a polymeric binder, wherein the thickener is carboxymethyl cellulose (par.0020-0021).
It is well-known in the art that the addition of a thickener such as carboxymethyl cellulose to a dispersion comprising inorganic particles prevents or slows down the settling of inorganic particles while providing appropriate slurry viscosity for the coating process (see page 7, lines 14-31, page 9, lines 27-31, and page 10, lines 26-32 of Schmidhauser et al.).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include carboxymethyl cellulose thickener in the aqueous composition for the coating of Jeong, in order to prevent or slow down the settling of Al2O3 particles and to obtain the appropriate viscosity for the coating process.
The coating of Jeon modified by Nakajima 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 modified by Nakajima 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 modified by Nakajima is equivalent to the separator in claim 994 of the instant application.
With regard to claims 996 and 1003, the coating of Jeon modified by Nakajima 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 modified by Nakajima 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.
Claims 995, 1004, and 1005 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Nakajima et al. (JP 2015-041578A, with attached machine translation) and as evidenced by Schmidhauser et al. (WO 2014/071144) as applied to claims 9994 and 999 and in further view of Ogata (US 2014/0227603).
With regard to claims 995, Jeon modified by Nakajima teaches the separator of claims 994 and 999 (see paragraph 4 above), wherein polyvinyl alcohol (PVA) is used as binder (see the examples in Table 1 in par.0047 of Jeon).
Jeon, Nakajima et al., and Schmidhauser et al. 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 in view of Nakajima et al. (JP 2015-041578A, with attached machine translation) and Toyama et al. (US 2011/0217574) and as evidenced by Schmidhauser et al. (WO 2014/071144).
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).
Jeon fails to teach that the coating comprises any of the claimed additives.
Nakajima et al. teach a separator formed by coating a porous ceramic particle layer composition dispersed in water on a porous body (abstract). The composition for the porous ceramic particle layer comprises a thickener and a polymeric binder, wherein the thickener is carboxymethyl cellulose (par.0020-0021).
It is well-known in the art that the addition of a thickener such as carboxymethyl cellulose to a dispersion comprising inorganic particles prevents or slows down the settling of inorganic particles while providing appropriate slurry viscosity for the coating process (see page 7, lines 14-31, page 9, lines 27-31, and page 10, lines 26-32 of Schmidhauser et al.).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include carboxymethyl cellulose thickener in the aqueous composition for the coating of Jeong, in order to prevent or slow down the settling of Al2O3 particles and to obtain the appropriate viscosity for the coating process.
The coating of Jeon modified by Nakajima 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 modified by Nakajima 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 Jeon and Nakajima et al. fail 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 modified by Nakajima.
Claim 998 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of in view of Nakajima et al. (JP 2015-041578A, with attached machine translation) and Toyama et al. (US 2011/0217574) and as evidenced by Schmidhauser et al. (WO 2014/071144) as applied to claim 997 above, and further in view of Ogata (US 2014/0227603).
With regard to claim 998, Jeon modified by Nakajima and Toyama teach the battery of claim 997 (see paragraph 6 above).
Jeon teaches that polyvinyl alcohol (PVA) is used as binder (see the examples in Table 1 in par.0047), but Jeon, Nakajima et al. and Toyama et al. 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 Nakajima and Toyama.
Claims 1012 and 1013 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Nakajima et al. (JP 2015-041578A, with attached machine translation) and as evidenced by Schmidhauser et al. (WO 2014/071144) as applied to claims 991 and 999 and in further view of Hirai et al. (US 2014/0242443).
With regard to claims 1012 and 1013, Jeon modified by Nakajima teaches the separators of claims 991 and 999 (see paragraph 4 above).
Jeon further teaches that organic particles may be used in combination with inorganic particles such as alumina (Al2O3)(par.0018), but Jeon and Nakajima et al. fail 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 modified by Nakajima, 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 1012 and 1013 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 the claims;
-the rejection of claims 991, 994, 999-1003, and 1006-1011 under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (US 2016/0204409) is withdrawn after the applicant’s amendments to claims 991, 994, and 999;
-the rejection of claims 995, 1004, and 1005 under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Ogata (US 2014/0227603) is withdrawn after the applicant’s amendments to claims 994 and 999;
-the rejection of claim 997 under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Toyama et al. (US 2011/0217574) is withdrawn after the applicant’s amendment to the claim;
-the rejection of claim 998 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) is withdrawn after the applicant’s amendment to claim 997; and
-the rejection of claims 1012 and 1013 under 35 U.S.C. 103 as being unpatentable over Jeon (US 2016/0204409) in view of Hirai et al. (US 2014/0242443) is withdrawn after the applicant’s amendments to claims 991 and 999.
However, new grounds of rejection of claims 991 and 994-1013 are shown in paragraphs 3-8 above.
Conclusion
Applicant's amendment necessitated the new grounds 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 ANCA EOFF whose telephone number is (571)272-9810. The examiner can normally be reached Mon-Fri 10am-6:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571)272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANCA EOFF/Primary Examiner, Art Unit 1722
Prosecution Insights