DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 102
2. 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.
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form 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.
4. Claim(s) 1, 4, 6, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujita (JP2017-050240A) as cited in IDS dated 5/21/24 with citations from machine translation provided by Applicant.
Regarding claim 1, Fujita discloses a multilayer porous membrane ([0028]) having:
a microporous membrane comprising a polyolefin resin as a main component([0028]); and
a porous layer comprising inorganic particles, layered on at least one side of the microporous membrane([0028]-[0031]), wherein: a mean particle size D50 of the inorganic particles is 0.3 μm to 0.6 μm (separators C & D, [0043]-[0044]) which is within the claim range of 0.01 μm or greater and smaller than 0.60 μm, thus reading on the limitation.
Continuing with claim 1, Fujita discloses a weight ratio of the inorganic particles in the porous layer is 90 parts by weight ([0041]) which is within the claim range of greater than 80%, thus reading on the limitation.
Continuing with claim 1, Fujita discloses a volume ratio of the inorganic particles in the porous layer is 90 parts by weight (weight content ratio and volume content ratio of alumina particles are interchangeable based on the specific gravity [0041]) which is within the claim range of greater than 70%, thus reading on the limitation.
Continuing with claim 1, Fujita discloses a surface static friction coefficient of the porous layer is 0.20 to 0.30 (Table 1, separators C & D, [0045]) which is within the claim range of 0.01 to 0.40, and a surface dynamic friction coefficient of the porous layer is 0.24 to 0.28 (Table 1, separators C & D, [0045]) which is within the claim range of 0.01 to 0.35, thus reading on the limitation.
Regarding claim 4, Fujita discloses a thickness of the porous layer is 2 μm ([0041]) which is within the claim range of 4 μm or smaller on at least one side of the microporous membrane, thus reading on the limitation.
Regarding claim 6, Fujita discloses a ratio (surface static friction coefficient/surface dynamic friction coefficient) of the surface static friction coefficient with respect to the surface dynamic friction coefficient is 0.71 (Table 1, separator C, 0.20/20.28 = 0.71) which is within the claim range of 1.07 or lower, thus reading on the limitation.
Regarding claim 8, Fujita discloses the multilayer porous membrane is a separator for a nonaqueous electrolyte solution battery([0058]).
Regarding claim 9, Fujita discloses a nonaqueous electrolyte solution battery comprising a positive electrode, the multilayer porous membrane according to claim 8, a negative electrode and a nonaqueous electrolyte solution([0058], [0002]).
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claim(s) 2, 3, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita (JP2017-050240A) as cited in IDS dated 5/21/24 with citations from machine translation provided by Applicant as applied to claim 1 above, and further in view of Uchida et al. (WO2021/006357A1) with citations from equivalent (US 2022/0285790) as cited in IDS dated 5/21/24.
Regarding claim 2, Fujita does not explicitly disclose an air permeability of the multilayer porous membrane is 400 sec/100 cm3 or lower.
Uchida teaches a multilayer porous membrane(title) having: a microporous membrane comprising a polyolefin resin as a main component([0058]); and a porous layer comprising inorganic particles, layered on at least one side of the microporous membrane, wherein: a mean particle size D50 of the inorganic particles is 0.01 μm or greater and smaller than 0.60 μm, a weight ratio of the inorganic particles in the porous layer is greater than 80%(abstract, [0058]-[0059]), and a surface dynamic friction coefficient of the porous layer is 0.01 to 0.35([0181]).
Uchida teaches an air permeability of the multilayer porous membrane is 50 sec/100 cm3 or more and 250 sec/100 cm3 or less([0027]). Uchida teaches the air permeability of the PO microporous membrane is preferably 10 sec/100 cm3 or greater, more preferably 50 sec/100 cm3 or greater and even more preferably 80 sec/100 cm3 or greater from the viewpoint of avoiding excessive flow of current through the PO microporous membranes between multiple electrodes, while it is also preferably 1000 sec/100 cm3 or lower, more preferably 300 sec/100 cm3 or lower, even more preferably 200 sec/100 cm3 or lower and most preferably 160 sec/100 cm3 from the viewpoint of permeability([0142]).
It would have been obvious to one of ordinary skill in the art to provide the multilayer porous membrane of Fujita with an air permeability of the multilayer porous membrane is 400 sec/100 cm3 or lower as taught by Uchida in order to avoid excessive flow of current through the PO microporous membranes between multiple electrodes.
Regarding claim 3, Fujita does not explicitly disclose a basis weight-equivalent puncture strength of the microporous membrane is 0.49 N/(g/m2) or greater.
Uchida teaches a multilayer porous membrane(title). Uchida teaches the basis weight-equivalent puncture strength of the porous membrane is 60 gf/(g/m2) or greater([0026]). Uchida teaches a PO microporous membrane having a basis weight-equivalent puncture strength of 50 gf/(g/m2) or greater or 60 gf/(g/m2) or greater will be less likely to result in tearing of the PO microporous membrane during impact testing of the power storage device([0138]).
It would have been obvious to one of ordinary skill in the art to provide the multilayer porous membrane of Fujita with a basis weight-equivalent puncture strength of the microporous membrane is 0.49 N/(g/m2) or greater as taught by Uchida in order to lessen the likelihood of tearing the PO microporous membrane during impact testing of the power storage device.
Regarding claim 7, Fujita does not explicitly disclose a heat shrinkage factor of the multilayer porous membrane at 150° C. is 10% or lower in both the MD direction and TD direction.
Uchida teaches a multilayer porous membrane(title). Uchida teaches the 150° C. heat shrinkage factor is preferably 5.0% or lower in both the MD direction and TD direction from the viewpoint of preventing film rupture of the multilayer porous membrane when battery abnormalities occur, and inhibiting short circuiting([0151]).
It would have been obvious to one of ordinary skill in the art to provide the multilayer porous membrane of Fujita with a heat shrinkage factor of the multilayer porous membrane at 150° C. is 10% or lower in both the MD direction and TD direction as taught by Uchida in order to prevent film rupture of the multilayer porous membrane when battery abnormalities occur, and inhibiting short circuiting.
8. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita (JP2017-050240A) as cited in IDS dated 5/21/24 with citations from machine translation provided by Applicant as applied to claim 1 above, and further in view of Kawaguchi et al. (JP2020-116925A) as cited in IDS dated 5/21/24 with citations from machine translation provided by Applicant.
Regarding claim 5, Fujita does not explicitly disclose an air permeability of the porous layer is 100 sec/100 cm3 or lower.
Kawaguchi teaches a multilayer porous membrane having: a microporous membrane comprising a polyolefin resin as a main component; and a porous layer comprising inorganic particles, layered on at least one side of the microporous membrane, wherein: a mean particle size D50 of the inorganic particles is 0.05 μm or greater and smaller than 0.40 μm, a weight ratio of the inorganic particles in the porous layer is greater than 80% (claim 1). Kawaguchi teaches
the air permeability of the porous layer is preferably 100 seconds/100 cm 3 or less, more preferably 50 seconds/100 cm 3 or less([0039]). Kawaguchi teaches an air permeability of 100 seconds/100 cm 3 or less is preferable from the viewpoint of obtaining good charge/discharge characteristics and on the other hand, the air permeability of the porous layer is preferably less than 45 seconds/100 cm 3 from the viewpoint of ensuring good ion permeability([0039]).
It would have been obvious to one of ordinary skill in the art to provide the multilayer porous membrane of Fujita with an air permeability of the porous layer is 100 sec/100 cm3 or lower as taught by Kawaguchi in order to obtain good charge/discharge characteristics and ensuring good ion permeability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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