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 .
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.
Claim 3 is 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 3 includes the limitation of a particulate polymer A has a degree of swelling in electrolyte solution of not less than a factor of 1.2 and not more than a factor of 3. As the degree of swelling is dependent on the electrolyte solution and the electrolyte solution is not defined by the claim, the claim can have multiple degrees of swelling based on the electrolyte that may or may not be in the claimed range. Without defining the electrolyte, the degree of swelling value is indefinite.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Arai (EP 3,703,156).
With regard to claim 1, the Arai reference teaches a slurry composition for a non-aqueous secondary battery functional layer comprising a particulate polymer A including a reactive functional group-containing monomer unit, and a particulate polymer B. Arai discloses a slurry composition for a non-aqueous secondary battery functional layer comprising a particulate polymer A including a nitrile group-containing monomer unit and an alicyclic (meth)acrylic acid ester monomer unit (paragraph [0012] - paragraph [0013]). Arai teaches the particulate polymer A has a glass-transition temperature of not lower than 30°C and not higher than 95°C. The particulate polymer A has a glass-transition temperature of 40-120° with specific examples that fall into the claimed range (paragraph [0016], Table 1, Examples 2-6). Arai teaches that the particulate polymer B has a glass-transition temperature of 20°C or lower (paragraph [0017], Examples). The particulate polymer A has a volume-average particle diameter of not less than 150-450 nm (paragraph [0058], see also Table 1), with specific examples that fall within the claimed range of not less than 250 nm and not more than 800 nm.
With regard to claim 2, Arai teaches a proportional content of the reactive functional group-containing monomer unit in the particulate polymer A is not less than 8 mass% and not more than 40 mass%, (paragraph [0027], Table 1).
With regard to claim 3, the Arai reference teaches a particulate polymer A has a degree of swelling in electrolyte solution of not less than a factor of 1.2 and not more than a factor of 3 (see [0132-0133]. For example).
With regard to claim 4, the Arai reference teaches mass ratios of the particulate polymer A and the particulate polymer B is in the range of 100:1 to 100:25 (Table 1, Examples, [0134]).
With regard to claims 5-6, the Arai reference teaches a separator for a non-aqueous secondary battery comprising a separator substrate, and a functional layer formed on at least one side of the separator substrate, (Examples, [0134]). Arai teaches a non-aqueous secondary battery comprising a positive electrode, a negative electrode ([0081-0089], a separator, and an electrolyte solution ([0106-0109]).
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Maruhashi et al. (US 10,707532) and (WO2017/073022).
With regard to claim 1, the Maruhashi reference (citations provided for US 10,707532) teaches a slurry composition for a non-aqueous secondary battery functional layer comprising a first particulate polymer including a reactive functional group-containing monomer unit and a second particulate polymer (throughout, see claims, example 1, column 8, column 12, lines 1-32, examples and Table 1). A first particulate polymer has a glass-transition temperature of not lower than 30°C and not higher than 95°C (claim 1, reference polymer B; col. 8, line 60+). The second particulate polymer has a glass-transition temperature of lower than 30°C (claim 1, reference polymer A). The first particulate polymer has a volume-average particle diameter of not less than 250 nm and not more than 800 nm (column 9, lines 30-45, claim 1).
With regard to claim 4, the reference teaches a mass ratio of the first particulate polymer to the second particulate polymer is in the range of 100:1 to 100:25 (claim 2, Table 1, examples 6-7).
With regard to claim 5, the reference teaches a separator for a non-aqueous secondary battery comprising a separator substrate and a functional layer formed on at least one side of the separator substrate (claim 6).
With regard to claim 6, the reference teaches a non-aqueous secondary battery comprising a positive electrode, a negative electrode, a separator including a functional layer formed on at least one side of the separator and an electrolyte solution (claim 8, column 13 and examples).
Pertinent Prior Art
Pertinent prior has been cited that includes battery components including battery separators that have a functional layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark Ruthkosky whose telephone number is (571)272-1291. The examiner can normally be reached M-Th from about 9-5:00. 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, Gregory Tryder can be reached at 571-272-1291.
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/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785
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