DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The Rejection filed on 9/23/2025 has been withdrawn after a Pre-Appeal Brief Review. A new Office Action is presented below.
The pending claims are claims 1-6.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kikuchi et al., WO 2006137540.
Regarding claim 1, Kikuchi et al., teaches a method for manufacturing an electrochemical device (0022) comprising a spiral electrode body (0198) that comprises a positive electrode (0142), a negative electrode (0142), and a separator (0034; 0140), wherein the separator comprises a porous layer (0221; 0223) that is disposed on the microporous film (0008-0016), a microporous film (0150-0151); the method comprising: winding the positive electrode and the negative electrode with the separator to form a spiral electrode body (0198; 0204), and removing the spiral electrode body from the winding shaft and sealing it in an outer package (0114-0118); a microporous film that contains 10-80 vol% of a thermoplastic resin (0019) and contains 70 vol% or more of a filler (0019-0021) with a heat-resistant temperature of 150ºC or higher (0032-0033) and an organic binder (organic filler; 0056) and wrapping the separator (0198) around a winding shaft (reel; 0198).
Kikuchi does not teach a lower friction coefficient side facing the winding shaft.
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Regarding claim 2, Kikuchi et al., teaches wherein the separator (0222-0223) is located with the microporous film (0008-0011) facing the negative electrode in the process of winding the positive electrode and the negative electrode with the separator to form a spiral electrode body (0198-0204).
Regarding claim 3, Kikuchi et al., teaches wherein the separator is located with the porous layer containing the filler (0009-0013) facing the positive electrode in the process of winding the positive electrode and the negative electrode with the separator to form a spiral electrode body (0198-0204).
Regarding claim 4, Kikuchi et al., teaches wherein the microporous film (0008-0012) is prepared by biaxial orientation (0085-0086).
Regarding claim 5, Kikuchi et al., teaches wherein the thermoplastic resin includes at least one resin (0007) selected from the group consisting of polyethylene (0008-0022), polypropylene (0037; 0043-0045), and copolymerized polyolefin (0017-0022).
Regarding claim 6, Kikuchi et al., teaches wherein the filler contains plate-like particles (0034-0036; 0045; 0057).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fujikawa et al., WO 2006/137540 (US 20060286439).
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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