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 .
2. The Applicant's amendments filed on March 10, 2026, were received. Claims 1, 3-6 and 10-12 have been amended. Claim 2 has been cancelled. None of the Claims have been withdrawn from consideration. Claims 16-21 have been added as new. Therefore, Claims 1 and 3-21 are pending in this office action.
3. The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office Action issued on December 23, 2025.
Claim Objections
4. The objections to Claims 2, 5 and 10 have been overcome based on the amendments to the Claims.
Claim Rejections - 35 USC § 102
5. The rejection of Claims 1, 6-9 and 11-15 under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2022/039553 A1), using Kim et al. (US 2023/0216092 A1) as an English equivalent, has been overcome based on the amendments to the Claims and the arguments presented on pages 8-11 of the Remarks dated March 10, 2026.
Claim Rejections - 35 USC § 103
6. The rejection of Claims 2-3 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2023/0216092 A1), as applied to Claims 1, 6-9 and 11-15 above, and in further view of Lawandy et al. (US 2004/0119057 A1), has been overcome based on the amendments to the Claims and the arguments presented on pages 8-11 of the Remarks dated March 10, 2026.
7. The rejection of Claim 4 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2023/0216092 A1), as applied to Claims 1, 6-9 and 11-15 above, and in further view of Lim et al. (US 2004/0119057 A1), has been overcome based on the amendments to the Claims and the arguments presented on pages 8-11 of the Remarks dated March 10, 2026.
8. The rejection of Claims 5 and 10 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2023/0216092 A1), as applied to Claims 1, 6-9 and 11-15 above, has been overcome based on the amendments to the Claims and the arguments presented on pages 11-12 of the Remarks dated March 10, 2026.
9. Claims 1 and 3-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (WO 2022/039553 A1), using Kim et al. (US 2023/0216092 A1) as an English equivalent, and in further view of Chen et al. (US 2019/0331390 A1).
With regard to Claim 1, Kim et al. disclose a separator, comprising; a first base film, called a separator substrate; and a coating, located on a surface of the first base film, or separator substrate, wherein the coating comprises a thermochromic material made of poly(n-iso-propylactylamide) and is also a reversible thermochromic material (paragraphs 0044-0045, 0050-0052). Kim et al. do not specifically disclose wherein the thermochromic material comprises one or more of a thermochromic material of a stearate type, a thermochromic material of a higher aliphatic alcohol type, a thermochromic material of a type of a hydroxyl-group compound comprising a carboxyl group, a thermochromic material of a phenolic-hydroxyl-group compound type, a thermochromic material of a metal coordination complex type, a thermochromic material of a type of a polyaromatic ring structure comprising CH=CH, and a thermochromic material of an inorganic metal salt type, the thermochromic material of the stearate type is one or both selected from barium stearate and zinc stearate; the thermochromic material of the higher aliphatic alcohol type is one or both selected from hexadecanol and octadecanol; the thermochromic material of the type of the hydroxyl-group compound comprising the carboxyl group is one or both selected from 6-hydroxyhexanoic acid and 2-hydroxyterephthalic acid; the thermochromic material of the phenolic-hydroxyl-group compound type is benzyl 4-hydroxybenzoate; the thermochromic material of the metal coordination complex type is one or more selected from a triphenylmethane metal coordination complex, an organic amine metal coordination complex, and an ammonium metal coordination complex; the thermochromic material of the type of the polyaromatic ring structure comprising CH=CH is a bianthrone-type compound; the thermochromic material of the inorganic metal salt type is one or more selected from a sulfate comprising a metal element M, a vanadate comprising a metal element M, and a chromate comprising a metal element M, the metal element M of the sulfate, the vanadate, and the chromate is independently selected from Bi, Pb, Co. Cd, and any combinations thereof.
Chen et al. disclose a container with functions of temperature indication and thermal storage (1) including an inner bottle (10), a thermochromic and thermal storage material layer (20), and a first polymer layer (30) (paragraph 0036). Chen et al. disclose wherein the thermochromic and thermal storage material layer (20) preferably includes a compound selected from the groups consisting of melamine fomaldehyde resin, 3-N-p-tolyl-N-ethylamino-7-methyl-fluoran, Bisphenol A, 1-hexadecanol, 1-octadecanol, 1-docosanol and combinations thereof (paragraph 0053). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the thermochromic material of Kim et al. to include one or more of a thermochromic material of a stearate type, a thermochromic material of a higher aliphatic alcohol type, a thermochromic material of a type of a hydroxyl-group compound comprising a carboxyl group, a thermochromic material of a phenolic-hydroxyl-group compound type, a thermochromic material of a metal coordination complex type, a thermochromic material of a type of a polyaromatic ring structure comprising CH=CH, and a thermochromic material of an inorganic metal salt type, because Chen et al. teach that these materials adapt to undergo a phase change for absorbing or releasing thermal energy and possess temperature regulation functions by phase change as well as temperature indication functions to show the temperature range by displaying color changes (paragraph 0038).
With regard to Claim 3, Chen et al. disclose wherein the thermochromic material comprises one or more of hexadecanol and octadecanol (paragraph 0053). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the thermochromic material of Kim et al. to include one or more of hexadecanol, octadecanol, 6-hydroxyhexanoic acid, 2-hydroxyterephthalic acid, and benzyl 4-hydroxybenzoate, because Chen et al. teach that these materials adapt to undergo a phase change for absorbing or releasing thermal energy and possess temperature regulation functions by phase change as well as temperature indication functions to show the temperature range by displaying color changes (paragraph 0038).
With regard to Claim 4, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising one or more of a sulfate comprising a metal element M, the metal element M comprising one or more of Bi, Pb, Co, and Cd, is not required to be met.
With regard to Claim 5, Kim et al. do not specifically disclose wherein a content of the thermochromic material ranges from 0.5% to 7%. The specific content of thermochromic material in the separator is not considered to confer patentability to the claims. Stability is a variable that can be modified, among others, by adjusting said content of thermochromic material in the separator, with the separator stability increasing as the content of thermochromic material is increased, the precise content of thermochromic material would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the content of thermochromic material in the separator of Kim et al. to obtain the desired balance between the thermochromic material and the stability (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223)
With regard to Claim 6, Kim et al. disclose wherein the coating further comprises a binder, and the binder comprises one or more of polyacrylate, polyvinylidene fluoride, polyvinylpyrrolidone, polyvinyl acetate, ethylene-vinyl acetate copolymer, polyethylene oxide, cellulose acetate, cellulose acetate propionate, cellulose acetate butyrate, polyacrylonitrile, polyvinyl alcohol, polyethylene, polypropylene, and cyanoethyl pullulan (paragraphs 0077-0079).
With regard to Claim 7, Kim et al. disclose wherein the coating further comprises a filler, wherein, the filler comprises at least one of inorganic particles, and wherein the inorganic particles comprise one or more of inorganic particles with a dielectric constant greater than 5, inorganic particles having ion conductivity but storing no ion, and inorganic particles capable of performing electrochemical reaction (paragraphs 0060 0066).
With regard to Claim 8, Kim et al. disclose wherein a content of the filler is, 10 weight % to 99 weight % (paragraph 0076), which meets the claimed limitation of less than or equal to 90%, and optionally ranges from 20% to 80% based on a total mass of the coating.
With regard to Claim 9, Kim et al. disclose wherein a thickness of the coating is 1 µm to 20 µm (paragraph 0048), which meets the claimed limitation of from 0.5 µm to 3 µm.
With regard to Claim 10, Kim et al. do not specifically disclose wherein the separator further comprises a second base film, and the coating is located between the first base film and the second base film. Before the effective filing date of the invention it would have been obvious to one having ordinary skill in the art to utilize a second base film wherein the coating is located between the first base film and the second base film, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04(VI).
With regard to Claim 11, Kim et al. disclose wherein a thickness of the first base film, or separator substrate, is 1 µm to 100 µm (paragraph 0047), which meets the claimed limitation of from 2 µm to 10 µm.
With regard to Claim 12, Kim et al. disclose wherein a material of the first base film, or separator substrate, comprises at least one of polyolefin and a derivative thereof, and polyethylene terephthalate and a derivative thereof (paragraph 0036).
With regard to Claim 13, Kim et al. do not specifically disclose wherein a transverse thermal shrinkage rate of the separator at 250 °C for 1 h is less than or equal to 3%; and/or a longitudinal thermal shrinkage rate of the separator at 250 °C for 1 h is less than or equal to 3%. However, such properties are inherent given that both Kim et al. and the instant application utilize the same materials. A reference which is silent about a claimed invention's features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. See MPEP 2112.
With regard to Claim 14, Kim et al. disclose a secondary battery, comprising the separator noted above (paragraphs 0003, 0035).
With regard to Claim 15, Kim et al. disclose a power consuming apparatus, comprising the secondary battery noted above (paragraph 0003).
With regard to Claim 16, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising one or both selected from barium stearate and zinc stearate, is not required to be met.
With regard to Claim 17, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising one or more selected from a triphenylmethane metal coordination complex, an organic amine metal coordination complex, an ammonium metal coordination complex, and bianthrone type compounds, the metal of the triphenylmethane metal coordination complex, the organic amine metal coordination complex, and the ammonium metal coordination complex comprises one or more selected from Ni, Co, and Al, is not required to be met.
With regard to Claim 18, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising one or both selected from one or both selected from 6-hydroxyhexanoic acid and 2-hydroxyterephthalic acid, is not required to be met.
With regard to Claim 19, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising a vanadate comprising a metal element M, the metal element M of the vanadate is selected from Bi, Pb, Co, Cd, is not required to be met.
With regard to Claim 20, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising a chromate comprising a metal element M, the metal element M of the chromate is selected from Bi, Pb, Co, Cd, is not required to be met.
With regard to Claim 21, because Claim 1 is met by the thermochromic material of Chen et al. being of the higher aliphatic alcohol type and is one or both selected from hexadecanol and octadecanol, then a claim/limitation that further limits the alternative species which is not taught by the prior art, i.e. the thermochromic material comprising one or more selected from BiVO , BiSO4, BiCrO4, PbVO4, PbSO4, PbCrO4, NiVO4, NiCrO4, CoVO4, CoSO4, CoCrO4, CdVO4, CdSO4, and CdCrO4, is not required to be met.
Response to Arguments
10. Applicant’s arguments, see pages 8-12, filed March 10, 2026, with respect to the rejection(s) of Claims 1, 6-9 and 11-15 under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2022/039553 A1), using Kim et al. (US 2023/0216092 A1) as an English equivalent, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Claims 1, 6-9 and 11-15 under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2022/039553 A1), using Kim et al. (US 2023/0216092 A1) as an English equivalent, and in further view of Chen et al. (US 2019/0331390 A1).
Conclusion
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725