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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/01/2024, 04/03/2025, 07/10/2025, 10/16/2025, and 01/21/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 3 is objected to because of the following informality:
Claim 3 uses article “a” before “surface area to volume ratio” in “a surface area to volume ratio” term in line 1, whereas claims 2, 4, 6, and 17 use the article “the” before the binder property (“the surface area to volume ratio”, “the bulk density”, “the volume particle size distribution”, and “the areal density”). To maintain consistency in the claim language, it is suggested that the article in claim 3 be changed from “a” to “the”. MPEP 2173.05(e) explains that inherent components of elements recited have antecedent basis in the recitation of the elements themselves.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 2-4, 6, and 17 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance:
claim 2 recites the broad recitation of 0.4 m2/g to 1.2 m2/g for the specific surface area of the binder, and the claim also recites 0.6 m2/g to 0.9 m2/g which is the narrower statement of the range/limitation.
claim 3 recites the broad recitation of 0.1×106m-1 to 20×106m-1 for the surface area to volume ratio of the binder and the claim also recites 0.5×106m-1 to 16×106m-1 which is the narrower statement of the range/limitation.
claim 4 recites the broad recitation of 0.3 g/cm3 to 0.8 g/cm3 for the bulk density of the binder and the claim also recites 0.4 g/cm3 to 0.7 g/cm3 which is the narrower statement of the range/limitation.
claim 6 recites the broad recitation of 1 μm to 15 μm for the volume particle size distribution, and the claim also recites 3 μm to 12 μm which is the narrower statement of the range/limitation.
claim 17 recites the broad recitation of 0.7 g/m2 to 3 g/m2 for the areal density of the bonding layer on the substrate and the claim also recites 0.8 g/m2 to 2 g/m2 which is the narrower statement of the range/limitation.
The claims 2-4, 6, and 17 are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 103
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 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.
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 1-3, 5-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Asai (US 20240097279 A1), and further in view of Kim et al. (US 20230378604 A1).
Regarding claim 1, Asai teaches a binder for secondary batteries, wherein the binder ([0013, 0172]; polymer B functions as a binder in a non-aqueous secondary battery) comprises an acrylate copolymer ([0174, 0178, 0210]; water-insoluble polymer includes a (meth)acrylic acid ester monomer unit).
Specifically, Asai teaches a non-aqueous secondary battery comprising a positive electrode, a negative electrode, an electrolyte solution, and a separator ([0013]). Asai further teaches that the separator includes a porous membrane containing non-conductive particles and a polymer B, wherein polymer B is a component that functions as a binder ([0013, 0172]). Asai further teaches that the polymer B may comprise a water-insoluble polymer, a water-soluble polymer or both, and preferably includes at least a water-insoluble polymer from a viewpoint of increasing flexibility of the separator and cell windability ([0174]). Asai further teaches that the water-insoluble polymer preferably includes a (meth)acrylic acid ester monomer unit ([0178, 0210]). Accordingly, Asai teaches a binder for a separator of a non-aqueous secondary battery comprising an acrylate copolymer.
Asai does not teach a limitation wherein the binder is in a ring shape.
However, Kim teaches coating composition for a separator including water insoluble polymer particles comprising solid particles 10 and annular hollow particles 20 ([0012, 0015, 0032-0033]; Fig. 1). Kim further teaches annular hollow particle 20 may include an annular shell 21 having a through hole 22 formed in the middle, and the annular shell 21 may include a filling material 23 and a hollow 24 ([0054, Figs. 3A, 3B]), thereby defining a ring-shaped particle. Kim further teaches that the solid particle 10 may have a core-shell structure including a core 11, and a shell 12 ([0037]). Kim further teaches that particles 20 is formed by aging particles 10 while its core and shell polymer may be an acrylate polymer ([0038, 0046,0055-0056]). In addition filling material 23 may be the same as the polymers of the core 11 ([0056]) so may also be acrylate ([0038]). Accordingly, Kim teaches a ring shaped acrylate particle 20 suitable for separator coating to achieve a desired balance of heat resistance, adhesiveness, air permeability and conductivity ([0011]).
Further, Asai, and Kim are considered to be analogous to the claimed invention because both references are directed to polymer binder in separator coating layers.
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would modify the acrylate binder particles of Asai to have the annular (ring-shaped) particle configuration taught by Kim because Kim teaches that the annular particle geometry achieves a desired balance of heat resistance, adhesiveness, air permeability and conductivity [0011].
Regarding claim 2, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Modified Asai further teaches a limitation wherein the specific surface area of the binder ranges from 0.4 m2/g to 1.2 m2/g, and preferably, the specific surface area of the binder ranges from 0.6 m2/g to 0.9 m2/g ([0015-0017, 0048-0050] of Kim; [0012-0013, 0136, 0172, 0222] of Asai).
Specifically, Kim teaches annular hollow particles 20 having an annular shell with through hole formed in the middle ([0015-0017]) and further teaches the dimensions of the annular hallow particles, including the outer diameter, inner (through-hole) diameter ([0048-0050]). The geometry of the annular hollow particle determines their geometric surface area. For example, the surface area of an annular particle (torus) may be approximated by A=(2πRouter)(2πrinner); where R is the major radius and r is the minor radius of the annular particle. Thus, the disclosed particle dimensions directly affect the particle surface area. Kim further teaches that the particle diameter and the diameter of the annular through-hole affect the pore structure of the adhesive layer, and, consequently, the air permeability, ionic conductivity, and resistance of the separator ([0049, 0057-0058). Accordingly, Kim recognizes particle dimensions as result-effective variables that influence separator properties.
Asai teaches a particular water-insoluble polymer for use as the binder in a separator for a secondary battery ([0012-0013, 0136, 0172]) and teaches particle size ranges for the polymer ([0222]). Asai further teaches the molecular weight of polymer A, demonstrating that molecular weight is a recognized property of a polymer material, and explains that selecting the molecular weight within a range improves the cycle characteristics of the non-aqueous secondary battery ([0091]), thereby recognizing molecular weight as a result-effective variable affecting polymer performance. Because specific surface area is a physical property that depends primarily on particle size, particle morphology, and molecular weight, one of the ordinary skill in the art would adjust particle dimensions and molecular weight through routine optimization to obtain a desired specific surface area.
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would optimize the disclosed particle dimensions to obtain a binder having specific surface area within the claimed range. Optimizing particle size and morphology, which are recognized result-effective variables affecting the binder properties to obtain workable values involves only routine experimentations. See MPEP 2144.05 II.
Regarding claim 3, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Modified Asai further teaches a limitation wherein a surface area to volume ratio of the binder is 0.1×106m-1 to 20×106m-1, and preferably, the surface area to volume ratio of the binder is 0.5×106m-1 to 16×106m-1 ([0015-0017, 0048-0050] of Kim; [0012-0013, 0136, 0172, 0222] of Asai).
Specifically, Kim teaches annular hollow particles 20 having an annular shell with through hole formed in the middle ([0015-0017]) and further teaches the dimensions of the annular hallow particles, including the outer diameter, inner (through-hole) diameter ([0048-0050]). The geometry of the annular hollow particle determines their geometric surface area and volume. For example, the surface area of an annular particle may be approximated by A=(2πRouter)(2πrinner); where R is the major radius and r is the minor radius of the annular particle. The volume of an annular particle (torus) may be approximated by V = 2π2Rr2; where R is major radius which is from the center of the whole ring to the centerline of the ring material and r is the minor ring which is the radius of the circular cross-section of the ring material. Thus, the disclosed particle dimensions directly affect the particle surface area and also volume. Kim further teaches that the particle diameter and the diameter of the annular through-hole affect the pore structure of the adhesive layer, and, consequently, the air permeability, ionic conductivity, and resistance of the separator ([0049, 0057-0058). Accordingly, Kim recognizes particle dimensions as result-effective variables that influence separator properties.
Asai teaches a particular water-insoluble polymer for use as the binder in a separator for a secondary battery ([0012-0013, 0136, 0172]) and teaches particle size ranges for the polymer ([0222]). Because surface area and volume are physical properties that depends on particle size and particle morphology, one of the ordinary skill in the art would adjust disclosed particle dimensions through routine optimization to obtain a desired surface area to volume ratio.
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would optimize the disclosed particle dimensions to obtain a binder having surface are to volume ratio within the claimed range. Optimizing particle size and morphology, which are recognized result-effective variables affecting the binder properties to obtain workable values involves only routine experimentations. See MPEP 2144.05 II.
Regarding claim 5, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Kim further teaches a limitation wherein the binder is in a circular ring shape.
Kim specifically discloses that the binder particles comprise an annular hollow particles 20 having an annular shell surrounding a centrally located through hole ([0054], Figs. 3A, 3B). The annular shape defines a circular ring-shaped particle. In addition, as illustrated in Fig. 1, there are annular hollow particles with a circular shape. Kim further teaches that the annular particle geometry achieves a desired balance of heat resistance, adhesiveness, air permeability and conductivity [0011].
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would modify the annular hollow particles of modified Asai such that particles have a circular ring shape taught by Kim to obtained a balance of heat resistance, adhesiveness, air permeability and conductivity ([0011]).
Regarding claim 6, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Asai further teaches a limitation wherein the volume particle size distribution Dv50 of the binder ranges from 1 μm to 15 μm, and preferably, the volume particle size distribution Dv50 of the binder ranges from 3 μm to 12 μm ([0222, 0280]).
Specifically, Asai teaches that the particle diameter D50, at which the cumulative volume reaches 50%, is taken as the volume-average particle diameter ([0280]). Asai further teaches that the water-insoluble polymer forming the binder has a volume-average particle diameter of 10 nm or greater and 1000 nm (1 μm) or less ([0222]). Thus, Asai teaches the lower endpoint of the claimed D50 range (1 μm). It has been held that in the case where claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05 I.
Regarding claim 7, and claim 8, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Asai further teaches a limitation wherein constituent monomers of the acrylate copolymer comprise a first polymerized monomer, and the structure of the first polymerized monomer comprises:
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wherein R1 comprises hydrogen or an alkyl group with 1-12 carbon atoms, and R2 comprises an alkyl group with 1-12 carbon atoms.
In addition, regarding claim 8, the first polymerized monomer comprises one or more of methyl acrylate, ethyl acrylate, n-butyl acrylate, isobutyl acrylate, sec-butyl acrylate, tert-butyl acrylate, n-propyl acrylate, cyclohexyl acrylate, lauryl acrylate, 2-ethylhexyl acrylate, 2-hydroxyethyl acrylate, 2-hydroxypropyl acrylate, methyl methacrylate, ethyl methacrylate, n-butyl methacrylate, 2-ethylhexyl methacrylate, isobornyl methacrylate, lauryl methacrylate, 2-hydroxyethyl methacrylate and -2-hydroxypropyl methacrylate (Table. 1; [0210]).
Specifically, Asai discloses an example of a polymer B in Table 1 wherein the water insoluble polymer includes BA (butyl acrylate) as a (meth)acrylic acid ester monomer unit (Table. 1). Asai further teaches numerous additional (meth)acrylic acid ester monomer unit including methyl acrylate, ethyl acrylate, n-propyl acrylate, 2-ethylhexyl acrylate, n-butyl acrylate, methyl methacrylate, ethyl methacrylate and n-butyl methacrylate [0210]. Accordingly, the specific chemical name disclosed by Asai meets the structure recited in claim 7, since any example disclosed by claim 8 necessarily meets the structure required by claim 7 because claim 8 depends on and encompasses all limitations of claim 7.
Regarding claim 9, and claim 10, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Asai further teaches a limitation wherein constituent monomers of the acrylate copolymer comprise a second polymerized monomer, and the structure of the second polymerized monomer comprises:
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wherein R3 comprises hydrogen or an alkyl group with 1-6 carbon atoms.
In addition, according to claim 10, the second polymerized monomer comprises one or more of acrylic acid, methacrylic acid, butenoic acid and heptenoic acid (Table 1; [0181,0183]).
Specifically, Asai teaches, an example of a polymer B in Table 1 wherein the water insoluble polymer includes MAA (methacrylic acid) as an acid group-containing monomer units (Table. 1). Asai further teaches numerous additional acid group-containing monomer units including acrylic acid, and methacrylic acid ([0181,0183]). Accordingly, the specific chemical name disclosed by Asai meets the structure recited in claim 9, since any example disclosed by claim 10 necessarily meets the structure required by claim 9 because claim 10 depends on and encompasses all limitations of claim 9.
Regarding claim 11, and claim 12, Asai as modified by Kim teaches all limitations of claim 1 as stated above. Asai further teaches a limitation wherein constituent monomers of the acrylate copolymer comprise a third polymerized monomer, and the structure of the third polymerized monomer comprises:
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wherein R4 comprises hydrogen atoms or an alkyl group with 1-6 carbon atoms.
In addition, according to claim 12, the third polymerized monomer comprises one or more of acrylonitrile and methacrylonitrile (Table 1; [0203]).
Specifically, Asai teaches an example of a polymer B in Table 1 wherein the water insoluble polymer includes AN(acrylonitrile) as a nitrile group-containing monomer unit (Table. 1). Asai further teaches numerous additional nitrile group-containing monomer unit and states that acrylonitrile and methacrylonitrile are preferable ([0203]). Accordingly, the specific chemical name disclosed by Asai meets the structure recited in claim 11, since any example disclosed by claim 12 necessarily meets the structure required by claim 11 because claim 12 depends on and encompasses all limitations of claim 11.
Regarding claim 13, and claim 14, Asai as modified by Kim teaches all limitations of claim 1 as stated above. Asai further teaches a limitation wherein constituent monomers of the acrylate copolymer comprise a fourth polymerized monomer, and the structure of the fourth polymerized monomer comprises:
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wherein R5 comprises hydrogen atoms or an alkyl group with 1-6 carbon atoms, and R6 comprises hydrogen atoms, a hydroxy-substituted alkyl group with 1-6 carbon atoms, or an alkoxy group with 1-6 carbon atoms.
In addition, according to claim 14, the fourth polymerized monomer comprises one or more of acrylamide, N-hydroxymethyl acrylamide and N-butoxymethyl acrylamide (Table 1; [0190-0191, 0198-0200]).
Specifically, Asai teaches an example of a polymer B in Table 1 wherein the water insoluble polymer includes Aam (acrylamide) as an amide group containing monomer units and N-MA (N-Methylolacrylamide) as a hydroxyl-group containing monomer unit. Asai further teaches additional amid group-containing monomer units and states that acrylamide is the preferred one ([0198-0200]). In addition, Asai teaches additional hydroxyl-group containing monomer unit including N-hydroxymethyl acrylamide ([0190-0191]). Accordingly, the specific chemical name disclosed by Asai meets the structure recited in claim 13, since any example disclosed by claim 13 necessarily meets the structure required by claim 12 because claim 13 depends on and encompasses all limitations of claim 12.
Regarding claim 15, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Asai further teaches a limitation wherein constituent monomers of the acrylate copolymer comprise a first polymerized monomer, a second polymerized monomer, a third polymerized monomer and a fourth polymerized monomer, a mass ratio of the first polymerized monomer, the second polymerized monomer, the third polymerized monomer and the fourth polymerized monomer is 1:(0.01-0.8):(0.01-0.5):(0.01-0.3), and preferably, the mass ratio of the first polymerized monomer, the second polymerized monomer, the third polymerized monomer and the fourth polymerized monomer is 1:(0.1-0.5):(0.15-0.45):(0.1-0.22) (Table 1).
Specifically, Asai teaches the structure of polymer B in table 1 and teaches different mass % for each monomer. For B1 with BA80 (first polymerized monomer), AN12.5 (second polymerized monomer), MAA2 (third polymerized monomer), and N-MA4 (fourth polymerized monomer) the mass ratio would be 1:0.16:0.025:0.05 which is within the claimed range. It has been held that in the case where claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05 I.
Regarding claim 16, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Asai further teaches a separator, wherein the separator comprises a substrate and a bonding layer arranged on at least one side of the substrate, and the bonding layer comprises the binder for secondary batteries according to claim 1 ([0013, 0136, 0138-0139, 0172]).
Specifically, Asai teaches that non-aqueous secondary batteries includes a separator comprising a separator substrate and a porous membrane formed on the separator substrate wherein the porous membrane contains non-conductive particles and a polymer B ([0013, 0136, 0138]). Asai further teaches that the porous member is formed on at least one surface of the separator substrate ([0139]). Additionally, Asai disclosed polymer B functions as a binder ([0172]). Because polymer B functions as a binder within the porous member formed on the separator substrate, the porous member corresponds to the claimed bonding layer comprising the binder for secondary batteries.
Regarding claim 18, Asai, as modified by Kim, teaches all limitations of claim 16 as stated above. Asai further teaches a secondary battery, comprising the separator according to claim 16 ([0013, 0136, 0138]).
Regarding claim 19, Asai, as modified by Kim, teaches all limitations of claim 18 as stated above. Modified Asai further teaches an electrical apparatus, comprising the secondary battery according to claim 18 ([0003, 0011-0012]).
Specifically, Kim teaches lithium secondary batteries are widely used as power sources for various types of electrical products, including electrical vehicles, and that improved battery performance is desired for such applications ([0003]). Kim further teaches improving separator performance to enhance the performance and stability of the secondary batteries ([0011-0012]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would employ the secondary battery of modified Asai, in the electrical apparatuses, including electrical vehicles, taught by Kim in order to obtain the improved battery performance, thereby satisfying the demand for high capacity, a long lifetime, and high stability batteries in electrical vehicles ([0003]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Asai, as modified by Kim, as applied to claim 1 above, and further in view of Murata et al. (US 20100285348 A1); Liu (US 20210249659 A1) is relied upon as an evidentiary reference in support of the rejection.
Regarding claim 4, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Modified Kim does not teach a limitation wherein the bulk density of the binder ranges from 0.3 g/cm3 to 0.8 g/cm3, and preferably, the bulk density of the binder ranges from 0.4 g/cm3 to 0.7 g/cm3.
However, Murata teaches multilayer porous membrane comprising a porous layer containing an inorganic filler and a resin binder on at least one surface of a polyolefin resin porous membrane ([0058]). Murata further teaches numerous resin binders including a methacrylic acid ester-acrylic acid ester copolymer, a styrene-acrylic acid ester copolymer, an acrylonitrile-acrylic acid ester copolymer, thereby teaching acrylate binder ([0112]). Murata also discloses the density of the resin binder in Table 1, with exemplary values of 0.93 g/cm3 and 1.28 g/cm3 , demonstrating that density is a recognized property of the binder. Murata further teaches that the binder structure in the multilayer porous member provides excellent heat resistance and permeability ([0023]).
Further, Murata and modified Asai are considered to be analogous to the claimed invention because both references are directed to binders and separators for secondary batteries.
Kim teaches annular hollow particles 20 having an annular shell with through hole formed in the middle ([0015-0017]) and further teaches the dimensions of the annular hallow particles, including the outer diameter, inner (through-hole) diameter ([0048-0050]). The volume of an annular particle (torus) may be approximated by V = 2π2Rr2; where R is major radius which is from the center of the whole ring to the centerline of the ring material and r is the minor ring which is the radius of the circular cross-section of the ring material. Thus, the disclosed particle dimensions directly affect the binder volume. Kim further teaches that the particle diameter and the diameter of the annular through-hole affect the pore structure of the adhesive layer, and, consequently, the air permeability, ionic conductivity, and resistance of the separator ([0049, 0057-0058). Accordingly, Kim recognizes particle dimensions as result-effective variables that influence pore size and separator properties.
Asai teaches a particular water-insoluble polymer for use as the binder in a separator for a secondary battery ([0012-0013, 0136, 0172]) and teaches volume-averaged particle size ranges for the polymer binder ([0222]), thereby recognizing particle size as a design parameter. Asai further teaches the molecular weight of polymer A, demonstrating that molecular weight is a recognized property of a polymer material, and explains that selecting the molecular weight within a range improves the cycle characteristics of the non-aqueous secondary battery ([0091]), thereby recognizing molecular weight as a result-effective variable affecting polymer performance. Density is a measure of mass (weight) per volume.
Furthermore, as evidenced by Liu [0035], bulk density is a physical property that depends on particle morphology and particle size. Murata discloses density of an acrylic acid resin binder, and since volume is a physical properties that depends on particle size and particle morphology while molecular weight is also a result-effective variable of polymer binder as taught by Asai as modified by Kim, one of the ordinary skill in the art would have found it obvious to adjust disclosed particle dimensions and resultant density through routine optimization to obtain a desired bulk density. The “density” of the binder is extrapolated to the “bulk density” when binder is viewed as a component within the overall “bulk” of the layer that comprises the binder.
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would optimize the disclosed density and particle dimensions of modified Asai, in view of Kim and Murata, to obtain a binder having a bulk density within the claimed range to provide a separator with excellent heat resistance and permeability ([0023] of Murata). Optimizing particle size, molecular weight, volume, and density, which are result-effective variables affecting the binder properties, to obtain workable values involves only routine experimentations. See MPEP 2144.05 II.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Asai, as modified by Kim, as applied to claim 16 above, and further in view of Hana Kim et al. (US 20250141045 A1).
Regarding claim 17, Asai, as modified by Kim, teaches all limitations of claim 1 as stated above. Modified Kim does not teach a limitation wherein the areal density of the bonding layer on the substrate ranges from 0.7 g/m2 to 3 g/m2, and preferably, the areal density of the bonding layer on the substrate ranges from 0.8 g/m2 to 2 g/m2.
However, Hana Kim teaches a separator for a rechargeable lithium battery includes a heat resistant layer and an adhesive layer which are sequentially formed on at least one surface of a substrate, wherein the adhesive layer includes an adhesive binder and an organic filler, and the adhesive binder includes an acrylate polymer ([0006, 0024]).
Hana Kim further teaches that a loading amount (areal density) of the adhesive layer is 0.1 g/m2 to 7.0 g/m2 per one surface of the substrate ([0049-0059]). It has been held that in the case where claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05 I. Hana Kim further explains that the loading amount of the adhesive layer is adjusted to achieve a balance of thermal stability, structural stability, and adhesive strength and air permeability ([0049-0051]), thereby identifying the loading amount as a result-effective variable ([0050]).
Further, Hana Kim and modified Asai are considered to be analogous to the claimed invention because both references are directed to adhesive binders and separators for secondary batteries.
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would use the loading amount taught by Hana Kim in the separator of modified Asai to achieve a balance of thermal stability, structural stability, and adhesive strength and air permeability ([0049-0051]). In addition, optimizing the areal density within workable ranges, including the claimed range, would have been achieved through routine optimization. Discovering the optimum or workable ranges of a result-effective variable involves only routine skill in the art. See MPEP 2144.05(II).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lili Rassouli whose telephone number is (571)272-9760. The examiner can normally be reached Monday-Thursday 8:00 AM-4:00 PM.
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/LILI RASSOULI/ Examiner, Art Unit 1728
/JESSIE WALLS-MURRAY/ Primary Examiner, Art Unit 1728
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