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 .
Response to Amendment
Examiner notes the following amendments made to the claims:
New claims 12-15 added
Response to Arguments
Applicant's arguments filed 05/27/2026 have been fully considered but they are not persuasive. Specifically, examiner still finds that the teachings of Kim would meet the limitations of claim 1 not found in Jin. Specifically, examiner finds that the method taught by Kim (including its variety of options), would provide one of ordinary skill in the art with the teachings required to form an insulation member that would inherently have all of the characteristics of the instant insulation member, and therefore meet the thickness recovery rate limitation of claim 1. Applicant arguments will be responded to in order.
Firstly, applicant argues that Jin does not teach a film positioned on a first surface and second surface of the silica insulation composite. Examiner does not find this argument persuasive. Specifically, examiner finds that the claim language used to not correlate to the structure the applicant is arguing for. In Jin, the passive thermal insulator 108 is positioned on top of a first surface (binder layer 106) and second surface (fire barrier 102). The claim as it is currently worded does not require the film to be on opposite sides of the insulation composite. Examiner finds that the newly added claims effectively overcome this discrepancy and overcome the previously applied prior art, and, if added to claim 1, would require further search and consideration for the limitations of claim 1.
Secondly, applicant argues that the cited art (Kim) does not teach an insulation member which would have the claimed thickness recovery rate. Applicant argues that the prior art products would not necessarily possess the same characteristics of the claimed product, due to differences in the method of producing. Examiner does not find this persuasive because there is a combination of steps and materials in Kim that would create a material that does necessarily possess the same characteristics of the claimed product, and does believe that the method of producing the aerogel composite of Kim is substantially the same as the method of the present application. Applicant cites that hydrophobicity is improved by adding DMDES or MTES during silica sol preparation. However, Kim also teaches using MTES as a hydrophobizing agent (“More specific examples of the hydrophobizing agent may include one or more selected from the group consisting of … methyltriethoxysilane (MTES),” Kim [0047]). Applicant also states that DEG or CSR is added to improve mechanical strength and elasticity—this is also taught in Kim (“According to an embodiment of the present invention, the organic solvent of Step S1 may be an alcohol. The alcohol may be … diethylene glycol,” Kim [0039]) and thus is not considered persuasive. Applicant then cites that gelation is performed at a temperature greater than room temperature, which is followed by a secondary aging, and the followed by surface modification. This implies that the gelation is considered a “first aging.” Kim teaches gelation followed by two aging steps, (“Thereafter, the gelled wet gel composite was left to stand in a chamber of 70° C. for 24 hours to be aged. The aged wet gel composite was placed in a supercritical extractor of 7.2 L and then carbon dioxide (CO.sub.2) was injected thereto. Thereafter, the temperature inside the extractor was raised to 75° C., and when 75° C. and 150 bar were reached, a cycle of injecting and venting CO.sub.2 at a rate of 0.5 L/min for 20 minutes and then maintaining the state in which the CO.sub.2 injection is stopped for 20 minutes was repeated for 4 times.” Kim [0077]). In this case, the gelation would be aided by being at a temperature greater than room temperature [the first aging of Kim], followed by a second aging step [the second aging of Kim after raising the extractor temperature.]. The last significant difference applicant cites is that the instant method requires surface modification with TMES, and that Kim only teaches the inclusion of TMES in its original mixing steps and not surface modification. Examiner does not find this persuasive as the instant specification cites that a number of materials can be used as surface modifiers (“As the surface modifier, a compound which hydrophobizes the surface of a wet gel may be applied without limitation, which may be, for example, a silane-based compound, a siloxane-based compound, a silanol-based compound, a silazane-based compound, or a combination thereof. Specific examples thereof may be a silane-based compound such as trimethylchlorosilane (TMCS), dimethyldimethoxysilane, dimethyldiethoxysilane, methyltrimethoxysilane (MTMS), methyltriethoxysilane (MTES), trimethylethoxysilane (TMES), vinyltrimethoxysilane, ethyltriethoxysilane, phenyltriethoxysilane, phenyltrimethoxysilane, tetraethoxysilane, dimethyldichlorosilane, and 3-aminopropyltriethoxysilane, a siloxane-based compound such as polydimethyl siloxane (PDMS), polydiethyl siloxane, and octamethyl cyclotetra siloxane, a silanol-based compound such as trimethylsilanol, triethylsilanol, triphenyl silanol, and t-butyldimethylsilanol, a silazane-based compound such as 1,2-diethyldisilazane, 1,1,2,2-tetramethyldisilazane, 1,1,3,3-tetramethyldisilazane, 1,1,1,2,2,2-hexamethyldisilazane (HMDS), 1,1,2,2-tetraethyldisilazane, or 1,2-diisopropyldisilazane, or a combination thereof, but are not limited thereto.” Instant [00129]). The instant specification even explicitly states “As the surface modifier, a compound which hydrophobizes the surface of a wet gel may be applied without limitation,” which would counter the applicant argument that specifically TMES needs to be used for surface modification. Kim explicitly teaches the use of tetraethoxysilane (also known as tetraethylorthosilicate) to promote a surface modification effect, and would therefore achieve the desired surface modification effect as claimed in applicant arguments and shown in the instant specification (“a surface modification effect may be promoted. As a specific example, the silica precursor may be pre-hydrolyzed polyethylsilicate (HTEOS), and the pre-hydrolyzed polyethylsilicate (HTEOS) is a pre-hydrolyzed ethyl polysilicate oligomer having a wide molecular weight distribution, which may be easily applied according to a user's reaction conditions since physical properties such as gelation time may be controlled when synthesized into an oligomer form from tetraethylorthosilicate (TEOS)” Kim [0038]).
The remainder of applicant arguments cite differences between the examples and comparative examples in the instant specification and how those relate to the method of Kim. However, as shown above, examiner finds that the deficiencies cited by applicant by Kim are unfounded as Kim teaches a hydrophobizing agent, a mechanical strength/elasticity enhancer, a surface modifying agent, and a gelation and secondary aging step that all match those of the instant specification. Therefore, examiner maintains that the method of Kim teaches a production process that would inherently have the same characteristics of that in the instant specification/in claim 1, and thus the inherency reasoning is sound.
Based on the above arguments and the fact that no amendments were made to the originally filed claims, the rejections for claims 1-11 remain in place and unchanged. After further search and consideration, claims 12, 14-15 are rejected in view of Liao (US 20150373853 A1), which teaches an insulation member surrounded on top and bottom by a film meeting the limitations of claims 14-15. Liao doesn’t explicitly teach the entirety of the composite being encapsulated, but that is taught by further combining with Jang (US 20250293322 A1). Thus, there is currently not considered to be any allowable subject matter present in the claims.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6, 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 20210260850 A1) in view of Kim (US 20230331560 A1).
Regarding claim 1, Jin teaches the following elements:
An insulation member comprising: (A fire protection article is provided that includes a fire barrier comprising a plurality of non-combustible fibers, and a passive thermal insulator…The fire barrier and passive thermal insulator can be mutually secured using a suitable polymeric binder, such a thermoplastic fluoropolymer binder. The combination of a relatively thin fire barrier with a comparatively thicker passive thermal insulator can provide thermal runaway protection in lithium-ion battery (abstract); The Examiner notes fire protection article 100 Jin [0034] in the Figure 1 is the insulation member)
a silica insulation composite (first binder layer 106 acts as a bonding agent that adheres the fire barrier 102 Jin [0039]; The Examiner notes silica insulation composite is the binder layer 106 and fire barrier 102)
comprising a substrate and a silica network structure, (The fire barrier is preferably made from a flexible and non-combustible material, such a woven or non-woven web of non-combustible fibers Jin [0070]; fibers include silica Jin [0071]),
the silica network structure including a plurality of silica particles and one or more pores; (the binder layer(s) optionally penetrates to some degree into its neighboring layers, particularly where the neighboring layer is a porous layer. Penetration of a binder layer into a fire barrier Jin [0053]; It is also possible for binder to include inorganic compositions, such as a silica Jin [0125]);
and a film positioned (passive thermal insulator 108 Jin [0038])
on a first surface of the silica insulation composite and a second surface of the silica insulation composite, (see Jin Figure 1),
Jin is silent on the following elements of claim 1:
wherein the insulation member has a thickness recovery rate of 70% or greater after a compression process, the thickness recovery rate calculated according to Equation 1:
[Equation 1] Thickness recovery rate (%) = [Thickness of the insulation member after secondary compression] / [Thickness of the insulation member before compression] X 100 wherein in Equation 1, the thickness of the insulation member after secondary compression is a thickness of the insulation member after subjecting the insulation member to the compression process, the compression process comprising subjecting the insulation member to a primary compression until a thickness of the insulation member reaches 50±5% of the thickness of the insulation member before the compression process, wherein the primary compression is maintained for 60 minutes, followed by subjecting the insulation member to a secondary compression until a thickness of the insulating member reaches 40±5% of the thickness of the insulation member before the compression process, wherein the secondary compression is maintained for 60 minutes, and then subjecting the insulating member to an environment without the pressure for 6 minutes.
However, Kim teaches all of the elements of claim 1 that are not found in Jin. Specifically, Kim teaches an silica composite insulation member that is made in the same way as that in the instant specification, and would therefore have the same properties:
wherein the insulation member has a thickness recovery rate of 70% or greater after a compression process, the thickness recovery rate calculated according to Equation 1:
[Equation 1] Thickness recovery rate (%) = [Thickness of the insulation member after secondary compression] / [Thickness of the insulation member before compression] X 100 wherein in Equation 1, the thickness of the insulation member after secondary compression is a thickness of the insulation member after subjecting the insulation member to the compression process, the compression process comprising subjecting the insulation member to a primary compression until a thickness of the insulation member reaches 50±5% of the thickness of the insulation member before the compression process, wherein the primary compression is maintained for 60 minutes, followed by subjecting the insulation member to a secondary compression until a thickness of the insulating member reaches 40±5% of the thickness of the insulation member before the compression process, wherein the secondary compression is maintained for 60 minutes, and then subjecting the insulating member to an environment without the pressure for 6 minutes. (The insulation member of Kim is formed via essentially the same process as that in the instant claims. Thus, the properties of the material, such as the thickness recovery rate, would be the same without needing to be explicitly stated in the prior art. Specification paragraphs [0083-0159] teach a process for forming the silica insulation composite comprising 5 steps—1. the preparation of a silica precursor/formation of a sol, 2. the gelation of the silica sol, 3. the aging of a gelled silica sol, 4. the surface modification of the aged wet gel, and 5. the drying of the sol-gel. Kim teaches a method that is analogous to this. Kim teaches the following steps that are analogous to the instant specification:
The preparation of a silica precursor/formation of a sol (“According to an embodiment of the present invention, the silica precursor of Step S1 is to allow the aerogel manufactured by gelation by Step S10 to contain silica, and may be one or more selected from the group consisting of tetra methyl ortho silicate (TMOS), tetra ethyl ortho silicate (TEOS), methyl triethyl ortho silicate, dimethyl diethyl ortho silicate, tetra propyl ortho silicate, tetra isopropyl ortho silicate, tetra butyl ortho silicate, tetra secondary butyl ortho silicate, tetra tertiary butyl ortho silicate, tetra hexyl ortho silicate, tetra cyclohexyl ortho silicate, and tetra dodecyl ortho silicate,” Kim [0038] and “As a specific example, the silica precursor may be pre-hydrolyzed polyethylsilicate (HTEOS), and the pre-hydrolyzed polyethylsilicate (HTEOS) is a pre-hydrolyzed ethyl polysilicate oligomer having a wide molecular weight distribution, which may be easily applied according to a user's reaction conditions since physical properties such as gelation time may be controlled when synthesized into an oligomer form from tetraethylorthosilicate (TEOS) by varying the degree of pre-hydrolysis (degree of hydration).” Kim [0038] compared to “The silica precursor composition includes a silica precursor, in which case the silica precursor may be used without limitation as long as it is a precursor which may be used to form a silica three-dimensional network, for example, aerogel. For example, the silica precursor may be an alkoxide-based compound containing silicon, and may be tetraalkyl silicate such as tetramethyl orthosilicate (TMOS), tetraethyl orthosilicate (TEOS), methyl triethyl orthosilicate, dimethyl diethyl orthosilicate, tetrapropyl orthosilicate, tetraisopropyl orthosilicate, tetrabutyl orthosilicate, tetra secondary butyl orthosilicate, tetra tertiary butyl orthosilicate, tetrahexyl orthosilicate, tetracyclohexyl orthosilicate, or tetradodecyl orthosilicate. For example, the silica precursor may be tetraethyl orthosilicate (TEOS),” instant spec [0085] and “In addition, the silica precursor may include a pre-hydrolyzed TEOS (HTEOS).” Instant spec [0087])
The gelation of the silica sol (“According to an embodiment of the present invention, an aerogel composite manufactured by the impregnation and gelation of Step S10 may be obtained in the form of a gelled wet gel composite including a solvent. Accordingly, in order to obtain a dried aerogel composite, the method for manufacturing an aerogel composite may further include a step S20 of aging the wet gel composite gelled in Step S10, and a step S30 of drying the wet gel composite aged in Step S20 to obtain an aerogel composite.” Kim [0051] vs “The silica sol impregnated into the substrate may be subjected to gelation simultaneously with the impregnation process of the silica sol or sequentially after the impregnation process.” Instant spec [00111])
The aging of a gelled silica sol, (“According to an embodiment of the present invention, Step S20 is an aging step for allowing a chemical change to be completely achieved by leaving the gelled wet gel composite to stand at an appropriate temperature,” Kim [0052], “According to an embodiment of the present invention, Step S20 may be performed by leaving the gelled wet gel composite to stand at a temperature of 30° C. to 70° C., 40° C. to 70° C., or 50° C. to 70° C. for 1 hour to 30 hours, 10 hours to 30 hours, or 20 hours to 25 hours to strengthen the pore structure, and within this range, it is possible to prevent an increase in manufacturing costs by preventing a loss of the solvent due to evaporation while preventing a decrease in productivity.” Kim [0054] vs “The aging step may be performed by leaving the gelled wet gel composite to stand at a temperature of 30 °C to 80 °C, 40 °C to 80 °C, or 50 °C to 80 °C for 0.1 hours to 20 hours, 0.5 hours to 15 hours, 0.5 hours to 10 hours, 0.5 hours to 7 hours, or 1 hour to 6 hours to strengthen the pore structure, and within this range, it is possible to prevent an increase in production costs by preventing a loss of the solvent due to evaporation while preventing a decrease in productivity.” Instant spec [00123]
the surface modification of the aged wet gel (“According to an embodiment of the present invention, the hydrophobizing agent of Step S2 may be an alkyl silane compound, and as a specific example, the hydrophobizing agent may be an alkyl silane compound including an alkyl group inducing hydrophobization and a silane functional group capable of reacting with a ‘—Si—O—’ functional group of a wet gel. More specific examples of the hydrophobizing agent may include one or more selected from the group consisting of trimethylethoxysilane (TMES), trimethylsilanol (TMS), trimethylchlorosilane (TMCS), methyltrimethoxysilane (MTMS), methyltriethoxysilane (MTES), dimethyldiethoxysilane (DMDEOS), ethyltriethoxysilane, and phenyltriethoxysilane.” Kim [0047] vs “The present disclosure includes a surface modification step of hydrophobizing the surface of the wet gel composite obtained by gelation as described above or the surface of the aged wet gel composite in the presence of a surface modifier.” And “As the surface modifier, a compound which hydrophobizes the surface of a wet gel may be applied without limitation, which may be, for example, a silane-based compound, a siloxane-based compound, a silanol-based compound, a silazane-based compound, or a combination thereof. Specific examples thereof may be a silane-based compound such as trimethylchlorosilane (TMCS), dimethyldimethoxysilane, dimethyldiethoxysilane, methyltrimethoxysilane (MTMS), methyltriethoxysilane (MTES), trimethylethoxysilane (TMES),” Instant spec [00128-00129])
the drying of the sol-gel (“According to an embodiment of the present invention, an aerogel composite manufactured by the impregnation and gelation of Step S10 may be obtained in the form of a gelled wet gel composite including a solvent. Accordingly, in order to obtain a dried aerogel composite, the method for manufacturing an aerogel composite may further include a step S20 of aging the wet gel composite gelled in Step S10, and a step S30 of drying the wet gel composite aged in Step S20 to obtain an aerogel composite.” Kim [0051] and “According to an embodiment of the present invention, the atmospheric drying may be performed by a common method such as hot air drying, infrared (IR) drying, or the like under a temperature of 70° C. to 200° C. and atmospheric pressure (1±0.3 atm).” Kim [0058] vs “In addition, the normal-pressure drying process may be performed according to a typical method such as hot air drying or IR drying at a temperature of 70 °C to 200 °C and under a normal pressure (1±0.3 atm), but is not limited thereto.” Instant spec [00137])
By forming an insulation member with the same materials and method as described in the instant specification, the properties, such as thickness recovery rate, would be the same. Therefore, the teachings of Kim meet the limitations of claim 1 not found in Jin without needing to explicitly mention the thickness recovery rate. See MPEP 2112. II. or Schering Corp. v. Geneva Pharm. Inc., for case law regarding the fact that an inherent feature need not be recognized at the relevant time in order for it to still anticipate the feature, which is later recognized.
Kim and Jin are considered to be analogous because they are both within the same field of silica based aerogels that can be used as insulation members. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the insulation member of Jin to substitute it with that of Kim in order to improve insulation performance (“An aerogel composite manufactured by a method for manufacturing an aerogel composite of the present invention has reduced macro-pores and increased meso-pores in a fiber mat, so that there are effects of improving a sound absorption rate as well as thermal insulation performance.” Kim [0020]). Additionally, this modification would only require the simple substitution of one insulating member with another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.). In this case, the predictable results would be improved thermal insulation. This reasoning is applied to all dependent claims related to an inherent property of the insulation member, such as claims 2-4.
Regarding claim 2, modified Jin teaches the following elements:
The insulation member of claim 1, wherein the insulation member has a thickness recovery rate (%) of 68% or greater after the compression process is repeated two or more times. (By substituting the insulation member of Jin with that of Kim, this limitation would be met. Specifically, since Kim teaches an insulation member that is essentially the same in composition and method of formation as that in the instant specification, the properties would be the same as that in the instant specification, without needing to be explicitly mentioned in the prior art. See MPEP 2112. II. or Schering Corp. v. Geneva Pharm. Inc., for case law regarding the fact that an inherent feature need not be recognized at the relevant time in order for it to still anticipate the feature, which is later recognized.)
Regarding claim 3, modified Jin teaches the following elements:
The insulation member of claim 1, wherein the insulation member has a thickness recovery rate (%) of 68% or greater after the compression process is repeated three times. (By substituting the insulation member of Jin with that of Kim, this limitation would be met. Specifically, since Kim teaches an insulation member that is essentially the same in composition and method of formation as that in the instant specification, the properties would be the same as that in the instant specification, without needing to be explicitly mentioned in the prior art. See MPEP 2112. II. or Schering Corp. v. Geneva Pharm. Inc., for case law regarding the fact that an inherent feature need not be recognized at the relevant time in order for it to still anticipate the feature, which is later recognized.)
Regarding claim modified 4, Jin teaches the following elements:
The insulation member of claim 2, wherein a thickness of the insulation member measured after two or more repetitions of the compression process is 0.90 times or greater than a thickness of the insulation member measured after one repetition of the compression process. (By substituting the insulation member of Jin with that of Kim, this limitation would be met. Specifically, since Kim teaches an insulation member that is essentially the same in composition and method of formation as that in the instant specification, the properties would be the same as that in the instant specification, without needing to be explicitly mentioned in the prior art. See MPEP 2112. II. or Schering Corp. v. Geneva Pharm. Inc., for case law regarding the fact that an inherent feature need not be recognized at the relevant time in order for it to still anticipate the feature, which is later recognized.)
Regarding claim 5, modified Jin teaches all of the elements of claim 1, as shown above. Jin teaches the following elements of claim 5:
The insulation member of claim 1, wherein the insulation member has a thickness of 0.5 mm to 10 mm. (The insulation member of claim 1 is being considered as fire protection article 100 of Jin. Fire protection article comprises a fire barrier 102, binder layers 106 and 110, passive thermal insulator 108, and scrim 112, as shown in claim 1. Jin teaches that the thickness of the fire barrier can range from 100-25000 µm [0037], and that the passive thermal insulator can have a thickness of 1-50mm [0040]. While Jin doesn’t explicitly state the thickness of the binder layers and the scrim, they are shown to be significantly thinner than the fire barrier and passive thermal insulator. Thus, if, for example, the fire barrier had a thickness of 1000 µm (1mm), and the passive thermal insulator had a thickness of 1mm, the claimed thickness range would be met, as there is no reason for the binder layers and scrim to be 5x as thick as the fire barrier and passive thermal insulator combined, and this would be an entirely different structure than that shown in figure 1.)
The examiner takes note of the fact that the prior art range of between approximately 1mm to approximately 75mm for the thickness of the insulation member as a whole overlaps the claimed range of 0.5-10mm or more for the same parameter. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Regarding claim 6, modified Jin teaches all of the elements of claim 1, as shown above. Jin teaches the following elements of claim 6:The insulation member of claim 1, wherein the plurality of silica particles comprises silica, methylsilylated silica, dimethylsilylated silica, trimethylsilylated silica, or a mixture thereof. (“Non-combustible fibers include ceramic fibers. Various known ceramic fibers can be adapted for use in refractory, insulation, and fire barrier materials. Known ceramic materials that can be made into high-temperature fibers include glass, silica,” Jin [0071]. In this case, silica meets the limitations of claim 6, which would be obvious as it is one of the options taught by Jin.)
Regarding claim 9, modified Jin teaches all of the elements of claim 1, as shown above. Jin teaches the following elements of claim 9:The insulation member of claim 1, wherein the silica insulation composite has a density of 0.05 g/cm3 to 0.50 g/cm3. (“Both induced fiber entanglements and fiber crimping can significantly increase the degree of loft in the passive thermal insulator. In exemplary embodiments, the passive thermal insulator has an average bulk density in the range from 15 kg/m.sup.3 to 50 kg/m.sup.3,” Jin [0118]. In this case, 50kg/m3 is equivalent to 0.05g/cm3, thus overlapping the claimed range.)
The examiner takes note of the fact that the prior art range of between 15-50 kg/m3, or 0.015-0.05g/cm3 for the density of the insulating material (in this case silica) overlaps the claimed range of 0.05-0.5g/cm3 for the same parameter. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Regarding claim 10, Jin teaches all of the following elements:
• A battery module comprising one or more battery cells in an internal space; and the insulation member of claim 1. (”The battery module 752 contains a plurality of cells 760, or individual batteries, that are electrically interconnected. Located between the cells 760 are intercellular fire barriers 762. The intercellular fire barriers 762 can have any of the characteristics already described with respect to the fire barriers in the fire protection articles 100, 200, 300, 400.” Jin [0063])
Regarding claim 11, Jin teaches all of the following elements:
• A battery pack comprising the battery module of claim 10. (“ FIG. 7 shows an exemplary battery assembly. The battery assembly includes an exemplary battery compartment 750 incorporating a fire protection article 700 and a battery module 752 contained therein. The battery module 752 resides in an enclosure 753 having inner surfaces defined by the battery compartment 750.” Jun [0060]. In this case, the battery assembly is analogous to a battery pack.)
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 20210260850 A1) in view of Kim (US 20230331560 A1) and further in view of Park (US 20250140989 A1)
Regarding claim 7, modified Jin teaches all of the elements of claim 1, as shown above. Jin and Kim are silent on the following elements of claim 7:
The insulation member of claim 1, wherein the silica network structure comprises a particle in which a portion of the plurality of silica particles are aggregated or coupled, and wherein the portion of the plurality of silica particles have a particle diameter of greater than 0 nm to 5 nm.
However, Park teaches all of the elements of claim 7 not found in Jin. Specifically, Park teaches a silica based nanoparticle used in an insulation member which meets the particle diameter limitations regarding the primary particle of claim 7:
The insulation member of claim 1, wherein the silica network structure comprises a particle in which a portion of the plurality of silica particles are aggregated or coupled, and wherein the portion of the plurality of silica particles have a particle diameter of greater than 0 nm to 5 nm. (“The thermal insulation layer 15 is a layer based on aerogel and may exhibit properties similar to aerogel. Aerogel is a material wherein secondary particles (size: approximately 5 nm) which are formed by the agglomeration of very small primary particles of approximately 1 nm or less are connected like beads, and a spider web-like structure is formed throughout the material.” Park [0072] and “The aerogel particles may have a hydrophobic functional group. As a non-limiting example, the aerogel particles may include silica aerogel,” Park [0067]. In this case, the primary particle being approximately 1nm or less anticipates the claimed range)
Park is considered to be analogous to Jin because they are both within the same field of insulating members for batteries containing silica. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the silica fibers of Jin to be the silica nanoparticles of Park instead as this would be a simple substitution of one thermally insulating silica-based material for another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.). Additionally, Park teaches that by using an aerogel comprising primary and secondary silica particles, desirable properties are achieves (“Since the aerogels have a large void space and surface area inside the material, they exhibit super-insulating and ultra-low-density properties. Thermal conductivity may be suppressed by a special mechanism unique to aerogels.” Park [0072]) This provides additional motivation for one skilled in the art to make this substitution.
Regarding claim 8, no further modification or motivation would be needed to meet the additional limitations.
Regarding claim 8, modified Jin teaches all of the elements of claim 7, as shown above. Jin and Kim are silent on the following elements of claim 8:
The insulation member of claim 7, wherein the at portion of the plurality of silica particles have an average particle diameter of 5 nm to 2,000 nm.
However, Park teaches all of the elements of claim 8 not found in Jin. Specifically, Park teaches a silica based nanoparticle used in an insulation member which meets the particle diameter limitations regarding the secondary particle of claim 8:
The insulation member of claim 7, wherein the at portion of the plurality of silica particles have an average particle diameter of 5 nm to 2,000 nm. (“The thermal insulation layer 15 is a layer based on aerogel and may exhibit properties similar to aerogel. Aerogel is a material wherein secondary particles (size: approximately 5 nm) which are formed by the agglomeration of very small primary particles of approximately 1 nm or less are connected like beads, and a spider web-like structure is formed throughout the material.” Park [0072] and “The aerogel particles may have a hydrophobic functional group. As a non-limiting example, the aerogel particles may include silica aerogel,” Park [0067]. In this case, the secondary particle being approximately 5nm anticipates the claimed range.)
Claim(s) 12, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 20210260850 A1) in view of Kim (US 20230331560 A1) and further in view of Liao (US 20150373853 A1).
Regarding claim 12, modified Jin teaches all of the elements of claim 1, as shown above. Jin teaches a silica composite that has a first and second surface, but not a film that explicitly contacts both surfaces. However, Liao teaches all of the deficiencies of Jin. Specifically, Liao teaches an insulating member which has a film on both sides, made of a material that additionally meets the limitations of claims 14 and 15.
The insulation member of claim 1, wherein the first surface of the silica insulation composite is opposite the second surface of the silica insulation composite. (“As shown in FIG. 2, the insulation film 100 comprises an upper layer 101, an intermediate layer 102 and a lower layer 103.” Liao [0016] and “ An upper surface of the film intermediate layer 102 is bound together with a lower surface of the film upper layer 101, a lower surface of the film intermediate layer 102 is bound together with an upper surface of the film lower layer 103.” Liao [0017]. By modifying the insulation member of Jin containing a silica composite to include an upper and lower film, as taught by Liao, the limitations of claim 12 would be met.)
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Liao and Jin are considered to be analogous because they are both related to insulation members being used in electrochemical devices. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the insulation member of Jin containing a silica composite to have an upper and lower film comprising a resin in order to effectively provide insulation and thermal conductivity (“The upper layer 101 and the lower layer 103 of the insulation film 100 are made of insulation material, the insulation material can be plastics (such as PC, PET, PI, PP, PA, and so forth) containing heat conduction additives (such as carborundum, boron nitride, metal oxide, and so forth) to provide insulation and thermal conductivity.” Liao [0017])
By modifying Jin to include the upper and lower film layer of Liao, the additional limitations of claims 14 and 15 would be met without requiring any further modification or motivation.
Regarding claim 14, modified Jin teaches all of the elements of claim 1, as shown above. Jin is silent on the following elements of claim 14:
The insulation member of claim 1, wherein the film comprises a polyethylene resin, a polyethylene terephthalate resin, a polypropylene resin, or a mixture thereof.
However, Liao teaches all of the elements of claim 14 that are not found in Jin:
The insulation member of claim 1, wherein the film comprises a polyethylene resin, a polyethylene terephthalate resin, a polypropylene resin, or a mixture thereof. (“wherein the film upper layer and the film lower layer are made of heat conduction plastics, the heat conduction plastics contain plastics (such as PC, PET, PI, PP, PA, and so forth)” Liao [0004], PP stands for polypropylene and PET stands for polyethylene terephthalate, both of which meet the limitations of claim 14. By modifying Jin to include the upper and lower film layer of Liao, this would meet all of the limitations of claim 14.)
Regarding claim 15, modified Jin teaches all of the elements of claim 14, as shown above. Jin is silent on the following elements of claim 15:
The insulation member of claim 14, wherein the film has a calorific value of 1,000 J/g to 3,500 J/g.
However, Liao teaches all of the elements of claim 15 that are not found in Jin:
The insulation member of claim 14, wherein the film has a calorific value of 1,000 J/g to 3,500 J/g. (“The film may include a polyethylene (PE) resin, a polyethylene terephthalate (PET) resin, a polypropylene (PP) resin, or a mixture thereof. As an example, the film may be a PET film, but is not limited thereto.” Instant spec [0050] and “The film may have a calorific value of 1,000 J/g to 3,500 J/g, 1,100 J/g to 3,000 J/g, 1,500 J/g to 3,000 J/g, 2,000 J/g to 3,000 J/g, or 2,500 J/g to 3,000 J/g, but is not limited thereto.” Instant spec [0055]. In this case, the specification implies that a PET film would have a calorific value within the claimed range. Therefore, by using a PET film as taught by Liao, the limitations of claim 15 would be met.)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 20210260850 A1) in view of Kim (US 20230331560 A1) and further in view of Jang (US 20250293322 A1).
Regarding claim 13, modified Jin teaches all of the elements of claim 1, as shown above. Jin is silent on the following elements of claim 13:
The insulation member of claim 1, wherein an entirety of the silica insulation composite is encapsulated by the film.
However, Jang teaches all of the elements of claim 15 that are not found in Jin:
The insulation member of claim 1, wherein an entirety of the silica insulation composite is encapsulated by the film. (“In an embodiment, the protective film 400 may be coupled in the order of attaching the first fixed end portion 420 to the battery cell 100, and then bending or folding the heat dissipation portion 410 downward from the upper side to form a “U” shape and surround the outer surface of the protection circuit module 300,” Jang [0120]. As can be seen in figure 8, heat dissipation portion 410 is fully encapsulated by protective film 400. In this case, the heat dissipation portion 410 would be the silica composite of Jin, and it would be fully encapsulated in a protective and insulating film layer, thus meeting the limitations of claim 13.)
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Jang and Jin are considered to be analogous because they are both related to insulation members for electrochemical devices. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the heat dissipation member of Jin (the silica composite) to be entirely encapsulated by a protective film in order to provide additional protection and insulation and improve safety and handling (“The protective layer 403 may include a flame-retardant material, and may be stacked and bonded to another surface of the thermal conductive layer 401, that is, on an opposite side of the insulating layer 402. In a state in which the protective film 400 is coupled to surround the protection circuit module 300 as shown in FIG. 1, the protective layer 403 may be exposed to the outside, and the insulating layer 402 may be positioned on the inside.” Jang [0102]). Jang additionally teaches that its protective layer may include a polyethylene terephthalate layer in its flame-retardant layer, which would make it obvious to combine with Liao in the case where the film is required to contain a PET or PP material (“In an embodiment, the flame-retardant material of the flame-retardant layer 404 may include at least one of polyethylene terephthalate (PET), polypropylene (PP), polyimide (PI), polyethylene (PE), and aramid.” Jang [0104])
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN ELI KASS-MULLET whose telephone number is (571)272-0156. The examiner can normally be reached Monday-Friday 8:30am-6pm except for the first Friday of bi-week.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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