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 .
Foreign Priority Documents
The Japanese foreign priority document(s) 202-211384, submitted under 35
U.S.C. § 119 (a)-(d), was/were been received on November 15, 2024, and placed of record in the file.
Information Disclosure Statement
The information disclosure statements filed June 20, 2024, October 1, 2025 & August 25, 2026, has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
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.
Claim(s) 1-2, 4-5, 10, 14 & 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ABE JP-2011065849-A.
With respect to claim 1, ABE teaches a separator (The lithium secondary battery has the porous membrane A of the separator opposing to a cathode and the porous membrane B opposing to an anode and is provided with a nonaqueous electrolyte solution; See the Abstract) for a secondary battery (lithium secondary battery; See the Abstract), comprising: a porous substrate having a first surface and a second surface located opposite to the first surface (polyolefin microporous membrane 1; DESCRIPTION-OF-EMBODIMENTS, paragraph 1 & Fig. 1); and a polysaccharide attached to the porous substrate (porous film 3 (porous film B); a natural polysaccharide is more preferable in terms of high solubility in water suitable as a medium for the slurry for forming the porous membrane B; cellulose derivative such as carboxymethylcellulose, hydroxyethylcellulose, hydroxypropylcellulose; DESCRIPTION-OF-EMBODIMENTS, paragraph 31) wherein the polysaccharide has a sulfo group (carrageenan, These may be used alone or in combination of two or more; DESCRIPTION-OF-EMBODIMENTS, paragraph 31; Examiners Note: in the instant specification: “A polysaccharide (e.g., carrageenan) inherently having a sulfo group may be used” at paragraph [0032]).
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With respect to claim 2, the polysaccharide is attached to at least the first surface (polysaccharide is porous film B/film 3 on the first surface of the porous substrate; Fig. 1, DESCRIPTION-OF-EMBODIMENTS, paragraph 31).
With respect to claim 4, the polysaccharide has a backbone of a galactose polymer (carrageenan, These may be used alone or in combination of two or more; DESCRIPTION-OF-EMBODIMENTS, paragraph 31; Examiners Note: carrageenan) inherently has a backbone of a galactose).
With respect to claim 5, the polysaccharide includes carrageenan (carrageenan, These may be used alone or in combination of two or more; DESCRIPTION-OF-EMBODIMENTS, paragraph 31).
With respect to claim 10, a secondary battery (a lithium secondary battery; See the Abstract), comprising: a positive electrode (cathode; See the Abstract); a negative electrode (anode; See the Abstract); a lithium ion-conductive non-aqueous electrolyte ( organic solvent related to the non-aqueous electrolyte include dimethyl carbonate, diethyl carbonate, methyl ethyl carbonate, methyl propionate, ethylene carbonate, propylene carbonate, butylene carbonate, γ-butyrolactone, ethylene glycol sulfite, 1,2-dimethoxy; DESCRIPTION-OF-EMBODIMENTS, paragraph 39); and a separator interposed between the positive electrode and the negative electrode (The lithium secondary battery has the porous membrane A of the separator opposing to a cathode and the porous membrane B opposing to an anode and is provided with a nonaqueous electrolyte solution; See the Abstract; Fig. 1), wherein the separator and the first surface is opposed to the positive electrode (porous film 3 (porous film B) is on the first surface and on the cathode; See the Abstract; Fig. 1).
With respect to claim 14, manufacturing method of a separator for a secondary battery, comprising: a step of preparing a porous substrate having a first surface and a second surface located opposite to the first surface (Production of separator Corona discharge treatment was applied to both sides of a PE microporous membrane; Example 1, paragraph 7); a step of preparing a solution of a polysaccharide having a sulfo group (porous film 3 (porous film B); a natural polysaccharide is more preferable in terms of high solubility in water suitable as a medium for the slurry for forming the porous membrane B; cellulose derivative such as carboxymethylcellulose, hydroxyethylcellulose, hydroxypropylcellulose; carrageenan, These may be used alone or in combination of two or more; DESCRIPTION-OF-EMBODIMENTS, paragraph 31); an application step of applying the solution to the porous substrate (slurry of film B was applied to the separator with a die coater; Example 1, paragraph 7); and a drying step of drying the porous substrate having the solution applied thereto (It can be produced by forming a porous film B by applying a slurry for forming the porous film B on the other surface of the microporous film and drying it; DESCRIPTION-OF-EMBODIMENTS, paragraph 30). With respect to claim 16, wherein, in the application step, the solution is applied to the first surface of the porous substrate m(It can be produced by forming a porous film B by applying a slurry for forming the porous film B on the other surface of the microporous film and drying it; DESCRIPTION-OF-EMBODIMENTS, paragraph 30; Examiners Note: film B is on the first surface of the separator across from the cathode; See the Abstract; Fig. 1).
Therefore, the instant clams are anticipated by ABE.
Claim Rejections - 35 USC § 103
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.
Claim(s) 3, 6-9, 11 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABE JP-2011065849-A.
ABE teaches a separator (The lithium secondary battery has the porous membrane A of the separator opposing to a cathode and the porous membrane B opposing to an anode and is provided with a nonaqueous electrolyte solution; See the Abstract) for a secondary battery (lithium secondary battery; See the Abstract), comprising: carrageenan in film B attached to a porous separator membrane 3, as described in the rejection recited hereinabove. DESCRIPTION-OF-EMBODIMENTS, paragraph 31 and fig. 1. Examiners Note: in the instant specification: “A polysaccharide (e.g., carrageenan) inherently having a sulfo group may be used” at paragraph [0032]).
However, ABE does not teach or suggest: a number of moles of the sulfo group per unit mass of the polysaccharide is 1.0 x 10-6 mol/g or more (claim 6); the separator has an air permeability as measured by a method prescribed in JIS P 8117, of 100 sec/100 mL or more and 500 sec/100 mL or less (claim 3); an amount per apparent unit area of the polysaccharide attached to the porous substrate is 1.0 X 10⁻⁵ g/m² or more and 1.0 X 10² g/m² or less (claim 7); the porous substrate is divided into a first region and a second region that have the same thickness, the first region being located on the first surface side and the second region being located on the second surface side, a content C1 of the polysaccharide included in the first region is larger than a content C2 of the polysaccharide included in the second region (claim 8); a mass ratio: C1 /C2 of the content C1 to the content C2 is 1.1 or more (claim 9); the secondary battery has an end-of-charge voltage of 4.3 V or more (claim 11); the solution includes a solvent mixture of water and ethanol, and the polysaccharide dissolved in the solvent mixture (claim 15).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a number of moles of the sulfo group per unit mass of the polysaccharide is 1.0 x 10-6 mol/g or more (claim 6); in the carrageenan having a sulfo group of ABE, in order to increase ion conductivity by providing mobility of charge. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the separator having an air permeability as measured by a method prescribed in JIS P 8117, of 100 sec/100 mL or more and 500 sec/100 mL or less (claim 3); it would have been obvious in the carrageenan having a sulfo group of ABE, in order to provide low internal resistance, and fast uniform lithium-ion transport. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to an amount per apparent unit area of the polysaccharide attached to the porous substrate being 1.0 X 10⁻⁵ g/m² or more and 1.0 X 10² g/m² or less (claim 7); it would have been obvious in the carrageenan having a sulfo group of ABE, in order to increase ion conductivity by providing mobility of charge. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the porous substrate being divided into a first region and a second region that have the same thickness, the first region being located on the first surface side and the second region being located on the second surface side, a content C1 of the polysaccharide included in the first region is larger than a content C2 of the polysaccharide included in the second region (claim 8); and a mass ratio: C1 /C2 of the content C1 to the content C2 is 1.1 or more (claim 9); it would have been obvious in the carrageenan having a sulfo group of ABE, in order to increase ion conductivity by providing mobility of charge. The skilled artisan recognizes concentration or thickness of polymer from region to region directly effects ion conductivity. Rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the secondary battery has an end-of-charge voltage of 4.3 V or more (claim 11); it would have been obvious in the carrageenan having a sulfo group of ABE, in order to satisfy increasing load demands. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the solution including a solvent mixture of water and ethanol, and the polysaccharide dissolved in the solvent mixture (claim 15); it would have been obvious it would have been obvious in the carrageenan having a sulfo group of ABE, in order to improve spreadability of the mixture. Example 1 uses ion-exchanged water to form the slurry. Ethanol is present in the liquid. See DESCRIPTION-OF-EMBODIMENTS, paragraph 15. Also, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Claim Rejections - 35 USC § 103
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.
Claim(s) 12 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over ABE JP-2011065849-A in view YURA et al., WO-2020090802-A1.
ABE teaches a separator (The lithium secondary battery has the porous membrane A of the separator opposing to a cathode and the porous membrane B opposing to an anode and is provided with a nonaqueous electrolyte solution; See the Abstract) for a secondary battery (lithium secondary battery; See the Abstract), comprising: carrageenan in film B attached to a porous separator membrane 3, as described in the rejection recited hereinabove. DESCRIPTION-OF-EMBODIMENTS, paragraph 31 and fig. 1. Examiners Note: in the instant specification: “A polysaccharide (e.g., carrageenan) inherently having a sulfo group may be used” at paragraph [0032]). f
ABE does not teach or suggest: the positive electrode includes a lithium-containing transition metal oxide as active material particles, the lithium-containing transition metal oxide includes a lithium nickel oxide including lithium and Ni and having a layered rock-salt crystal structure, and a proportion of Ni in metallic elements included in the lithium nickel oxide, other than Li, is 50 atom% or more (claim 12); when the lithium nickel oxide includes Co, a proportion of Co in the metallic elements other than Li is 2.0 atom% or less (claim 13).
YURA teaches that it is well known in the art to employ the positive electrode includes a lithium-containing transition metal oxide as active material particles (LixNiO2 (lithium nickelate); DESCRIPTION-OF-EMBODIMENTS, paragraph 15), the lithium-containing transition metal oxide includes a lithium nickel oxide including lithium and Ni and having a layered rock-salt crystal structure (LixNiO2 (lithium nickelate) having a layered rock-salt crystal structure; DESCRIPTION-OF-EMBODIMENTS, paragraph 15; claim 12); when the lithium nickel oxide includes Co (LixNiCoO2; (nickel / lithium cobalt oxide; claim 13).
ABE and YURA are analogous art from the same field of endeavor, namely fabricating lithium secondary batteries.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the positive electrode including a lithium-containing transition metal oxide as active material particles, the lithium-containing transition metal oxide includes a lithium nickel oxide including lithium and Ni and having a layered rock-salt crystal structure (claim 12) of YURA; in the lithium secondary battery of ABE, as the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
With respect to a proportion of Ni in metallic elements included in the lithium nickel oxide, other than Li, being 50 atom% or more (claim 12); it would have been obvious in the positive electrode of ABE in view of YURA, in order to increase energy density. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a proportion of Co in the metallic elements other than Li being 2.0 atom% or less (claim 13); it would have been obvious in the positive electrode of ABE in view of YURA, in order to enhance cycles life of the battery. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. MANGANARO et al. WO-9207640-A1 teaches mixtures of polysaccharide mixtures including agarose and cellulose polymer separators. See teaching claim 1.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Monique Wills whose telephone number is (571) 272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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