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 .
Claims 1-17 are pending in the application.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites “average particle diameter of the inorganic particle”, applicant should correct it to “average particle diameter of the inorganic particles”
Appropriate correction is required.
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 1-17 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.
Claim 1 recites “the polymer binder is filmed, in at least a portion of the surface in contact with the porous substrate”, in the limitation “the surface” it is unclear if this is referring to the coating layer or the polymer binder.
Claims 2-17 are similarly rejected as they are dependent on claim 1.
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.
Claims 1, 5, 7, 8, 11, 12, 13, 15 -17 are rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20190110288A, for prior art discussion refer to cited machine translation) in view of Kwon (US PG Pub. 2018/0315971).
Regarding claim 1 and 15 Song discloses a method for manufacturing a separator for an electrochemical device (para. 0025, figure 1), comprising: (S1) preparing a coating slurry comprising a polymer binder (para. 0021-0022, 0025) inorganic particles (ceramic particles, para. 0025), and a dispersion medium (solvent, para. 0025) ; (S2) heating at least one surface of the porous substrate (polyolefin based film, ref. 30, figure 1, 5, para. 0008, 0032-0033); and (S3) applying the coating slurry prepared in the step (S1) to at least one surface of the porous substrate heated in the step (S2) to thereby form a porous coating layer (para. 0023, 0028-0029, figure 1).
Song fails to disclose wherein the porous coating layer comprises an area, where the polymer binder is filmed, in at least a portion of the surface in contact with the porous substrate.
Applicant’s specification (para. 33) refers "a filmed area" to an area which is formed between a polymer binder, which is included in a porous coating layer and exposed to a glass transition temperature or high and thus does not maintain its original shape, and one or more adjacent polymer binders being physically or chemically linked the polymer binder.
Kwon discloses a method of manufacturing a separator having a porous substrate (para. 0012, 0022) and porous coating layer including inorganic particles (para. 0012, 0064) and binder polymer (para. 0012). Kwon discloses the acrylic resin binder is vitrified while it undergoes a process at a range of temperature higher than its glass transition temperature (para. 0052) and is present in the form of a film (para. 0083). Kwon further discloses a vitrified acrylic resin binder allows organic particles to be fixed and bound to form a film-shaped coating layer (para. 0049) and the acrylic resin binder improves the bindability among organic particles, and thus significantly contributes to formation of an electrode adhesive layer (para. 0052). Kwon discloses the porous coating layer (electrode adhesive layer) may be formed in a film shape in at least 20% of the surface area of the separator (para. 0020) by the vitrified acrylic resin binder (para. 0049, 0052, 0083). Kwon discloses such a separator shows improved adhesion to an underlying constitutional element, such as a porous polymer substrate or porous coating layer, prevent or minimize blocking of the pores of the separator and infiltration into the pores and provides an electrochemical device including the separator and having improved battery safety (para. 0008-0010).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the method of Song as taught by Kwon for the porous coating layer to comprise an area, where the polymer binder is filmed on the substrate. One of ordinary skill in the art would have been motivated to substitute the polymer binder of Song to provide an electrochemical device including the separator and having improved battery safety.
Regarding claim 5, Song discloses the porous substrate is heated to 40-90 oC (para. 0033), which is below the melting point (Tm) of the porous substrate (high-density polyethylene, para. 0036) which has a melting point of approximately 130 -135 oC.
Regarding claim 7, Song discloses the thickness of the porous coating layer is 0.01 to 10 µm (para. 0059). The range disclosed in Song overlaps with the presently claimed range. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists.
Regarding claim 8, Song discloses heating at least one surface of a porous substrate (polyolefin-based film, ref. 30, figure 1, 5, para. 0032-0033) thereby meeting the claimed limitation of one or more areas in the at least one surface is heated among an area extending from an edge of the at least one surface by a predetermined thickness.
Song fails to disclose a checkered board-shaped area or a pattern area where same shape is repeatedly formed where the same shape is repeatedly formed on the at least one surface.
Kwon discloses the polymer binder is filmed in at least 20% and less than 80 % of the surface area of the separator (para. 0020, 0055). Kwon further discloses the electrode adhesive layer may be formed only at a part of the separator surface or formed in a predetermined pattern, such as a shape of stripes or dots, over the whole surface of the separator (para. 0055) there by meeting the limitation of a pattern area where the same shape is repeatedly formed on the at least one surface. As discussed above with respect to claim 1 the combination of Song discloses that binder films in the area the substrate is heated. The location and extend of heated region therefore directly determine the location and extend of filming. Kwon discloses when the electrode adhesive layer is formed in a surface area region less than 20% of the surface area of the separator, it is not possible to improve adhesion to a desired degree (para. 0055). In addition, when the electrode adhesive layer is present in 80% or less of the surface area of the separator, it is possible to facilitate transport of ions for an electrolyte.(para. 0055).
One of ordinary skill in the art would have been motivated to control the surface area in which the polymer binder is filmed to improve adhesion to a desired degree and to facilitate transport of ions for an electrolyte as taught by Kwon.
Regarding claim 11 Song discloses one or more binders selected from acrylic-based polymer (para. 0043), and a fluorine-based polymer (para. 0043).
Song fails to disclose the particulate nature of the binder.
Kwon discloses a similar coating layer with one or more particulate binders (organic particles, para. 0013, 0016) selected from acrylic-based polymer (para. 0015), a fluorine-based polymer (para. 0015). Kwon further discloses providing a separator having an electrode adhesive layer that shows improved close contact and adhesion to an electrode (para. 0007) and an electrochemical device including the separator and having improved battery safety (para. 0010)
It would have been obvious to one of ordinary skill in the art would have been motivated modify the separator of Song to use particulate polymer binder as taught by Kwon to arrive at an electrochemical device including the separator, having improved battery safety.
Regarding claim 12, Song discloses PVDF homopolymer of vinylidene fluoride ( para. 0021), VDF co polymer (PVDF-hexafluoropropylene copolymer, para. 0021, 0043) and a different polymerizable monomer (para. 0049). The combination of Song and Kwon discloses all the limitations of the claim as discussed with respect to claim 11.
Regarding claim 13, Song discloses the particle size of the inorganic particle is preferably (0.001 μm to 10 μm) in size (para. 0055), overlapping with the presently claimed range.
Song fails to disclose average particle diameter of the polymer binder and the inorganic particle.
Kwon discloses the average particle diameter of polymer binder is 0.05-0.5 µm (para. 0016), overlapping with the claimed range of 100 nm to 700 nm (MPEP 2144.05 (1)). Kwon further discloses the average particle diameter of the inorganic particle is 0.01-about 10 μm or about 0.05-about 1.0 μm (para. 0066) overlapping with the claimed range (MPEP 2144.05 (1)). Kwon further discloses organic particles have the above-defined range of average particle diameter; it is possible to form an electrode adhesive layer that shows excellent adhesion to an electrode while not providing an electrode adhesive layer with an excessively large thickness. (para.0051) and when the particle diameter of the inorganic particles satisfies the above-defined range, it is possible to improve the dispersibility and to control the physical properties of the separator with ease. It is also possible to increase the thickness of the porous coating layer and thus to prevent the problems of degradation of mechanical properties and generation of an internal short-circuit caused by an excessively large pore size during charging/discharging of a battery. (para. 0066).
It would have been obvious to one of ordinary skill in the art would have been motivated to modify Song’s polymer binder particles and inorganic particles to possess an average particle diameter in the range as taught by Kwon to have excellent adhesion to an electrode and to prevent the problems of degradation of mechanical properties of the battery.
Regarding claim 16 and 17, Song discloses an electrochemical device, lithium-ion battery (para. 0066) with a positive electrode, a negative electrode and a separator interposed between the positive and the negative electrode (para. 0003, 0097). The combination of Song and Kwon discloses all the limitation of the claims as discussed above with respect to claim 15.
Claims 2, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20190110288A, for prior art discussion refer to cited machine translation) in view of Kwon (US PG Pub. 2018/0315971) as applied to claims 1, 5, 7, 8, 11 -13, and 15 - 17 above, and further in view of Cheng (US PG Pub. 2021/0218111 A1) and Kim (US PG Pub. 2020/0152945 A1).
Song and Kwon are relied upon as discussed above.
Regarding claim 2, Song fails to disclose the coating slurry is prepared at a temperature (Ts) higher than room temperature (25o C) and lower than the glass transition temperature (Tg) of the polymer binder.
Kwon discloses the acrylic resin binder have a glass transition temperature of -50 to 60 oC and the acrylic resin binder is vitrified while it undergoes a process at a range of temperature higher than its glass transition temperature (para. 0052). Kwon further discloses a vitrified acrylic resin binder allows organic particles to be fixed and bound to form a film-shaped coating layer (para. 0049). One of ordinary skill in the art would have been motivated to keep the coating slurry preparation temperature below the glass transition temperature for the binder for it not to form a film before its coated on the substrate.
Additionally, Cheng discloses a coating slurry for preparing a separator for an electrochemical device, comprising at least one polymer and an inorganic filler (para. 0006). Cheng discloses a mixture comprising at least one polymer, at least one inorganic filler, and the at least one solvent whose temperature ranging from 40° C. to 50° C and shearing the mixture to form a coating slurry (para. 0007, 0053, 0056). Cheng further disclose the coating slurry formulation and the coating process play an important role in modifying the properties (e.g., adhesion) of coated separator product (para. 0005).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the method of manufacturing the separator of Song as taught by Cheng and Kwon. One of ordinary skill in the art would have been motivated to control when the polymer binder is vitrified, the coating slurry formulation and coating process to modify the properties of the coated separator product as taught by Kwon and Cheng.
Kwon and Cheng fails to disclose the slurry preparation temperature is below glass transition temperature of the polymer binder.
Kim discloses a separator having two binders with different glass transition temperatures coated on a substrate (para. 0015). Kim further discloses using an acrylic binder having a Tg of 60 oC (para. 0047). Kim further discloses in such separators the coating layer peel strength from the separator substrate is increased and the force of adhesion to an electrode mixture layer is increased (para. 0015).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the separator of Song as taught by Kim. One of ordinary skill in the art would have been motivated to use a polymer binder having a Tg = 60 oC as taught by Kim to improve the coating layer peel strength from the separator substrate and the force of adhesion to an electrode mixture layer.
Regarding claim 3, Song discloses the porous substrate is heated to a temperature (Tp) of 40-90 oC (para. 0017) and Kim discloses the acrylic resin binder has a glass transition temperature of about 60 oC (para. 0047). The combination of Song and Kim discloses, the porous substrate is heated to a temperature (Tp) higher than the glass transition temperature (Tg) of the polymer binder.
Regarding claim 4,Song discloses Tp = 40-90 oC (para. 0017)
Kim discloses Tg = 60 oC (para. 0047)
Cheng disclose Ts = 40° C. to 50° C (para. 0007)
Therefore, 90 °C -60 °C > 60 °C - 40°C, thus meeting the claim limitation Tp-Tg≥Tg-Ts.
One of ordinary skill in the art before effective filling date would have been motivated to modify separator of Song to use a polymer acrylic binder as taught by Kim, to improve the coating layer peel strength from the separator substrate and the force of adhesion to an electrode mixture layer and preparing the coating slurry as taught by Cheng to modify the properties (e.g., adhesion) of coated separator product
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20190110288A, for prior art discussion refer to cited machine translation) in view of Kwon (US PG Pub. 2018/0315971) as applied to claims 1, 5, 7, 8, 11-13 and 15 - 17 above, and further in view of Nakahiro (US PG Pub. 2017/0338459).
Song discloses the method preparing a separator comprising a (S1) preparing a coating slurry comprising polymer binder, inorganic particles and a dispersion medium, (S2) heating the substrate and (S3) applying the coating slurry on the substrate and Kwon discloses the acrylic binder is vitrified and forms a film when heated above its glass transition temperature as discussed above with respect to claim 1. As the prior- art discloses a process similar to process in claim 1 and produces the similar filmed area, the resulting coating layer inherently possess the polymer binder in 25-50 wt % relative to the total weight of the porous coating layer. (MPEP 2112.01 (I))
Additionally Kwon discloses the acrylic resin binder would be vitrified so that the organic particles may be bound with each other to form a film-shaped electrode adhesive layer (para. 0083). Kwon discloses the acrylic resin binder may be present in an amount of 30-80 wt % based on the combined weight of the organic particles and the acrylic resin binder (para. 0054). Kwon further discloses when the content of the acrylic resin binder is smaller than the lower limit, introduction of the organic particles into the substrate or porous coating layer is increased, when the content of the acrylic resin binder is larger than the upper limit, the air permeability of the separator and resistance may be deteriorated (para. 0054) and when the acrylic resin binder is present in the above-defined range of amount, it is possible to provide an adequate air permeation time while realizing adhesion. Kwon further discloses the polymer binder is filmed in atleast 20% of the surface area of the separator (para. 0020, 0055). Kwon discloses when the electrode adhesive layer is formed in a surface area region less than 20% of the surface area of the separator, it is not possible to improve adhesion to a desired degree (para. 0055). In addition, when the electrode adhesive layer is present in 80% or less of the surface area of the separator, it is possible to facilitate transport of ions for an electrolyte (para. 0055). Kwon thus establishes amount of polymer binder in the coating layer area and extend of filmed region as result -effective variables for improving adhesion to the electrode and the transport of ions for an electrolyte. One of ordinary skill in the art would have been motivated to control the amount of polymer binder in the filmed porous coating layer to the claimed range of 25-50 wt % because the two related result effective variables that together would govern this amount, to balance the adhesion against ion permeability.
Additionally Nakahiro discloses a separator for a non-aqueous electrolyte battery comprising of a porous substrate, an adhesive porous layer on one or both sides of the porous substrate and containing an adhesive resin (para. 0028) and an inorganic filler (para. 0014). Nakahiro discloses the adhesive porous layer further contains an acrylic resin in a state in which the acrylic resin is mixed with the adhesive resin where in an acrylic resin and an adhesive resin are mixed as in a state in which the acrylic resin and the adhesive resin are mixed or compatibilized at the molecular level (para. 0050). Nakahiro further discloses the content of the acrylic resin in the coating layer (adhesive porous layer) is preferably from 5% by mass to 50% by mass with respect to the total mass of the adhesive resin and the acrylic resin, preferably 40% by mass or less, and particularly preferably 35% by mass or less (para. 0079). Nakahiro further discloses the content of an inorganic filler in an adhesive porous layer is preferably from 5% by mass to 75% by mass with respect to the total mass of an adhesive resin, an acrylic resin and an inorganic filler in the adhesive coating layer (para. 0085). When the inorganic filler is 5% by mass to the total mass of an adhesive resin, an acrylic resin and an inorganic filler in the adhesive porous layer, the binder blend (adhesive resin and acrylic resin) mass % in the adhesive porous layer = 95%. When the acrylic resin which is the film forming polymer as disclosed by Kwon and discussed above with respect to claim 1, is present in the adhesive porous layer preferably 35 % by mass or less, the amount of acrylic resin in the adhesive porous layer would be 33.25% overlapping with the claimed range (MPEP 2144.05 (I)).
Nakahiro further discloses when the content of the acrylic resin in the adhesive porous layer is 5% by mass or more, the peel strength between the porous substrate and the adhesive porous layer can be further increased, which is preferable (para. 0079). From such a viewpoint, the content of the acrylic resin is more preferably 7% by mass or more, further preferably 10% by mass or more, and particularly preferably 15% by mass or more. On the other hand, when the content of the acrylic resin is 50% by mass or less, brittleness of the adhesive porous layer hardly appears, cohesive failure in the layer hardly occurs, and excellent peel strength can be secured (para. 0079).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the separator of Song as taught by Kwon and Nakahiro. One of ordinary skill in the art would have been motivated to control the amount of polymer binder in the filmed area in the claimed range for improving the peel strength between the porous substrate and the adhesive porous layer as disclosed by Nakahiro.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20190110288A, for prior art discussion refer to cited machine translation) in view of Kwon (US PG Pub. 2018/0315971) as applied to claims 1, 5, 7, 8, 11-13 and 15 - 17 above, and further in view of Gao (US PG Pub. 2023/0170536 A1).
Song and kwon are relied up as above.
Regarding claim 9, Song fails to disclose a step of drying at a temperature of 50 oC to 70 oC for 5 to 10 min.
Gao discloses a separator for electrochemical cell which includes a porous substrate and a porous coating layer on the substrate and The porous coating layer is composed of a plurality of microparticles, and an optional binding agent (para. 0003, 0039-0041). Gao further discloses the porous coating layer was applied to the substrate and dried at 60 oC for 5 min para. 0089) overlapping with the claimed temperature and time range MPEP 2144. 05 (I). Gao discloses the non-coalesced microparticles effectuate a porosity to the coating layer allowing ionic species, such as lithium ions, for example, to diffuse, permeate, or otherwise transpire through the porous coating layer (para. 0043). Gao further discloses when the porous coating layer is exposed to temperature from 80° C. to 110° C the porous coating layer has a thickness that provides a sufficient amount of microparticles/polymeric material to render effectively the porous coating layer substantially ionically impermeable, thereby preventing, or inhibiting, any further electrochemical reactions, upon melt and/or microparticle coalescence. In this way, the transformation of the porous coating layer into a nonporous and continuous coating layer aborts, or otherwise prevents, thermal runaway in the electrochemical cell (para. 0044).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the method of manufacturing a separator of Song as taught by Gao. One of ordinary skill in the art would have been motivated to porous coating layer as taught by Gao for the non-coalesced microparticles to effect a porosity to the coating layer allowing ionic species, such as lithium ions, to diffuse, permeate, or otherwise transpire through the porous coating layer and prevents, thermal runaway in the electrochemical cell when heated at a higher temperature.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20190110288A, for prior art discussion refer to cited machine translation) in view of Kwon (US PG Pub. 2018/0315971) as applied to claims 1, 5, 7, 8, 11-13, 15 - 17 above, and further in view of Less (US PG Pub. 2009/0155678 A1).
Song, Kwon and Gao are relied upon as discussed above.
Regarding claim 10, Song, kwon and Gao fail to discloses the drying step is repeated 5 or more times.
Less discloses a composite separator of inorganic particles and polymeric binder for electrochemical cells (para. 0011) which includes a porous composite layer adhered on a porous support, the composite layer comprising electrochemically stable inorganic particles (para. 0012). Less further discloses the separator is coated with the coating solution comprising a polymer, a solvent for said polymer, and an inorganic material dispersed in said solvent with a plurality of layers with drying by heat after each deposition (para. 0039). Less teaches 3-5 coating steps (para. 0100), therefore implicitly teaching 3-5 drying steps. Less further discloses such a separator formed by coating and drying to form plurality of layers on the substrate are substantially free of cracks and other defects which has shown to reduce the performance of the electrochemical cell (para. 0039, 103).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the separator of Song as taught by Less. One of ordinary skill in the art would have been motivated to have the drying step repeated 5 or more times to improving the performance of the electrochemical cell disclosed by Less.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20190110288A, for prior art discussion refer to cited machine translation) in view of Kwon (US PG Pub. 2018/0315971) as applied to claims 1, 5, 7, 8, 11-13 and 15 - 17 above, and further in view of Lee (US PG Pub. 2016/0301055A1).
Song and Kwon are relied upon as discussed above.
Regarding claim 14, Song and Kwon fail to disclose the polymer binder comprises of a hybrid polymer of an acrylic-based polymer and a fluorine-based polymer.
Lee discloses a separator for electrochemical battery which includes a substrate (base film) and a coating layer including an organic binder and an inorganic particle on one surface or both surfaces of the base film (para. 0013). Lee further discloses an organic binder that combines an acrylic-based polymer with a polyvinylidene fluoride-based binder (para. 0054-0056) in a weight ratio of the acryl-based copolymer and a polyvinylidene fluoride-based binder may be 9:1 to 3:7 (para. 0056) satisfying the claim limitation of a hybrid polymer of an acrylic-based polymer and a fluorine-based polymer. Lee further discloses when the polyvinylidene fluoride-based binder is used along with the acryl-based copolymer within the weight ratio, adherence of the coating layer to a base film may be further reinforced, and shape stability in a jelly-roll state after winding may be much improved (para. 0056).
It would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to modify the separator of Song as taught by Lee. One of ordinary skill in the art would have been motivated to use a polymer binder comprising of a hybrid polymer of an acrylic-based polymer and a fluorine-based polymer as taught by Lee to improve the adherence of the coating layer to a base film and shape stability in a jelly-roll state after winding.
Conclusion
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/I.M./
Iswarya MathewExaminer, Art Unit 1788 07/20/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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