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 .
Specification
The disclosure is objected to because of the following informalities:
Paragraph 0012 and 0052, the median diameter particle size value of 0.01 should include units.
Appropriate correction is required.
Claim Objections
Claim 1 objected to because of the following informalities: in claim 1, line 6, the median diameter particle size value of 0.01 should include units. Appropriate correction is required.
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) 1—2 and 4—5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song, et al. (US 2013/0244080 A1) in view of Matsumura, et al. (US 2017/0170482 A1).
Regarding claim 1, Song, et al. teach a secondary battery separator comprising a coating layer with an inorganic bindable silane compound (abstract).
However, Song, et al. does not teach the coating composition comprising surface-treated spherical silica.
Matsumura, et al. teaches a secondary battery electrode coating composition (abstract) comprising surface-treated spherical silica particles having R1SiO3/2 units (wherein R1 is a substituted or unsubstituted monovalent hydrocarbon group having 1 to 20 carbon atoms) [claim 1; paragraph 0015] and R23 SiO1/2 units (wherein R2 which may be the same or different is a substituted or unsubstituted monovalent hydrocarbon group having 1 to 6 carbon atoms) on surfaces thereof [claim 1; paragraph 0015], a median diameter in a volume-based particle size distribution of 0.01 to 0.5 µm [claim 1; paragraph 0015 and 0028; examiner notes Matsumura, et al. teaches the hydrophobic spherical silica particles average particle size is preferably 10 nm—300 nm], and a circularity of 0.8 to 1.0 [claim 1; paragraph 0015]. Matsumura, et al. motivation for the particles is to inhibit absorption and entry of water in the battery, particularly during the battery manufacture, and to improve high-temperature storage characteristics (paragraph 0014).
Song, et al. and Matsumura, et al. teach secondary battery comprising a coating layer with an inorganic silane compound and an overlapping average particle size from 0.05 µm —1 µm with motivation of high temperature stability. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure a secondary battery separator with a coating layer taught by Song, et al. with a surface-treated spherical silica particles coating method taught by Matsumura, et al. to create a coating layer with a surface-treated silica particle on the secondary battery separator as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 2, Matsumura, et al. further teaches a hydrophobic spherical silica particles coating method comprising: a step of subjecting a tetrafunctional silane compound represented by the formula (I): Si(OR3)4 (I) wherein R3 which may be the same or different is a monovalent hydrocarbon group having 1 to 6 carbon atoms, a partial hydrolyzate thereof, or a mixture thereof to hydrolysis and condensation in the presence of a basic substance in a mixture of a hydrophilic organic solvent and water, thereby forming a mixed solvent dispersion of hydrophilic spherical silica particles containing SiO2 units (paragraph 0017); then adding a trifunctional silane compound represented by the formula (II): R1Si(OR4)3 (II) wherein R1 is a substituted or unsubstituted monovalent hydrocarbon group of 1 to 20 carbon atoms and R4 which may be the same or different is a monovalent hydrocarbon group having 1 to 6 carbon atoms, a partial hydrolyzate thereof, or a mixture thereof to the mixed solvent dispersion of the hydrophilic spherical silica particles for conducting surface treatment of the hydrophilic spherical silica particles, thereby obtaining a mixed solvent dispersion of first surface-treated spherical silica particles having R1SiO3/2 units (wherein R1 is as defined above) introduced on the surfaces of the hydrophilic spherical silica particles (paragraph 0017); and next removing a portion of the hydrophilic organic solvent and water from the mixed solvent dispersion of the first surface-treated spherical silica particles to concentrate the mixed solvent dispersion, thereby obtaining a concentrated mixed solvent dispersion of the first surface-treated spherical silica particles (paragraph 0055—0058); then adding a silazane compound represented by the formula (III): R23SiNHSiR23 (III) (wherein R2 is independently a substituted or unsubstituted monovalent hydrocarbon group of 1 to 6 carbon atoms), a monofunctional silane compound represented by the formula (IV): R23SiX (IV) wherein R2 is as defined above and X is an OH group or a hydrolyzable group, or a mixture thereof to the concentrated mixed solvent dispersion of the first surface-treated spherical silica particles for conducting surface treatment of the first surface-treated spherical silica particles so that R23SiO1/2 units (wherein R2 is as defined above) are introduced on the surfaces of the first surface-treated spherical silica particles, thereby obtaining surface-treated spherical silica particles as second surface-treated spherical silica particles (paragraph 0059).
Regarding claim 4, Matsumura, et al. further teaches the secondary battery separator wherein the substrate is a non-woven fabric (claim 5 and 12; paragraph 0084).
Regarding claim 5, Song, et al. further teaches a secondary battery comprising the secondary battery separator with an inorganic silane compound coating layer (claim 13—14).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Song, et al. (US 2013/0244080 A1) in view of Matsumura, et al. (US 2017/0170482 A1) and further view of Nakanishi, et al. (US 2014/0377647 A1).
With regards to claim 3, Song, et al. and Matsumura, et al. render obvious the features of claim 1 but do not teach the amount of the silica particle formed on the surface.
Nakanishi, et al. teaches a secondary battery active material comprising a surface coating wherein an amount of the surface-treated spherical silica particles per 1 cm2 of the substrate is 0.07 to 0.29 mg (paragraph 0025, 0086; examiner notes Nakanishi, et al. teaches the attached spherical silica particles with a surface treatment of the spherical silica nano-particles having R1SiO3/2 units [R1 is a substituted or unsubstituted monovalent hydrocarbon group of 1 to 20 carbon atoms] and R2 3SiO1/2 units [R2 is independently a substituted or unsubstituted monovalent hydrocarbon group of 1 to 6 carbon atoms] on their surface to have BET specific surface area of preferably 0.5 to 150 m2/g). Nakanishi, et al. adds the silica compound to improve the secondary battery cycle performance (paragraph 0032).
Song, et al., Matsumura, et al., and Nakanishi, et al. teach secondary battery comprising a coating layer with an inorganic silane compound and an overlapping average particle size from 0.05 µm—1 µm. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the separator coating composition with surface-treated spherical silica particles taught by Song, et al. and Matsumura, et al. with the attached amount of surface-treated spherical silica particles surface area taught by Nakanishi, et al. to create a coating layer with an amount of surface-treated spherical silica particles on the secondary battery separator as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN MITCHELL FRAZIER whose telephone number is (571)270-5955. The examiner can normally be reached Monday- Friday 8:00 am - 5:00 pm.
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/K.M.F./Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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