Application No.: 16/637,034
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`Docket No.: P200106US00
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`REMARKS
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`By this Amendment, claims 1-4 are pending. Claim 1 is herein amendedto incorporate the
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`previously pending aspects of claim 5 plus a modification, and specifically, to recite that the
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`separator further comprises a resin layer containing a polyolefin, said resin layer being disposed
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`on the surface ofthe first filler layer and in contact with the positive electrode. Support may be
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`found in the original disclosure, for example, at paragraph [0049] of the specification asfiled.
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`Claim 5 is canceled without prejudice or disclaimer. Further support is detailed below.
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`Applicant’s Response to the Objections to the Specification
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`At page 2 of the Office Action, the objections note that the title of the invention is not
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`descriptive, and that reference characters “32” has been used to designate both “first filler layer”
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`and “secondfiller layer” in paragraph [0047] of the specification. Applicant has made requisite
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`corrections to address these issues.
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`In light thereof, applicant respectfully requests favorable
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`reconsideration.
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`Applicant’s Response to the Claim Rejections under 35 U.S.C.§103
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`Claims 1-4 are rejected under 35 U.S.C. § 103 as being unpatentable over Hatayama
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`et al. (JP 2016072120 A, hereafter Hatayama)in view of Ito et al. (US 20170229743 Al,
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`hereafter Ito).
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`Claim 5 is rejected under 35 U.S.C. § 103 as being unpatentable over Hatayama in
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`view of Ito, as applied to claim 1 above, and further in view of Hamanoet al. (US 5981107,
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`hereafter Hamano).
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`Application No.: 16/637,034
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`Docket No.: P200106US00
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`With base claim 1
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`incorporating the previously pending aspects of claim 5, applicant
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`addresses the above rejections concurrently for the sake ofclarity and brevity.
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`In responsethereto, applicant respectfully submits that the claims as now presented are not
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`obvious over Hatayamain view ofIto and further in view of Hamanoforat least the reason that
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`the combination does not provide for all the aspects of the claims, nor is there any rationale
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`prompting a skilled artisan to modify the combination so as to derive the current invention.
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`Specifically, Hatayamain view ofIto and further in view of Hamanoatleast fails to provide
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`for the aspects of parent claim 1 as to wherein the separator further comprises a resin layer
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`containing a polyolefin, said resin layer being disposed on the surface ofthefirst filler layer and
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`in contact with the positive electrode.
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`Per page 4 bridging page 5 of the Office Action, the rejection primarily relies on Hatayama.
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`The rejection acknowledgesthat “Hatayamais silent to the instantly claimed BET specific surface
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`area of the phosphatesalt particles being not less than 5 m*/g and not more than 100 m?/g,” and
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`cites to Ito for the disclosure thereof. Further, at page 7 of the Office Action, the rejection
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`regarding claim 5 acknowledges that Hatayamain view ofIto lacks “a resin layer disposed on the
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`surface ofthe first layer and in contact with the positive electrode.” Hamanois cited to supplement
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`this missing aspect.
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`Applicant respectfully submits that now amended claim 1 requires, inter alia, that the
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`separator further comprise a resin layer containing a polyolefin, said resin layer being disposed on
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`the surface ofthe first filler layer and in contact with the positive electrode. This requirement, in
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`conjunction with other requirements recited in amended claim 1, would not have been derived
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`from the art of record.
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`Application No.: 16/637,034
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`Docket No.: P200106US00
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`Specifically, the current rejection cites to Hamanoas disclosing “an adhesive resin layer
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`(11) is disposed between a positive electrode (the combination of 6 and 7) and a separator (4),”
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`which allegedly meets the requisite resin layer disposed on the surface of thefirst filler layer and
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`in contact with the positive electrode, as previously recited in claim 5.
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`Hamanopercol. 6, lines 14-22 teaches the use of “the adhesive resin layer 11” to obtain
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`“adhesiveness between the electrodes and the separator.” Hamano teaches preparation ofits
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`exemplary electrode laminate in which an “adhesive resin solution [being a mixture of
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`polyvinylidene fluoride and N-methylpyrrolidone] was coated on both sides of a separator material
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`to be used as a separator, namely a rolled-up porous polypropylene sheet,” (col. 10, lime 60-62),
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`followed by providing “positive and negative electrode active material layers ... closely adhered
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`and laminated in such a way that they faced each other sandwiching the separator, thereby
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`obtaining an electrode laminate” (col. 11, lines 13-17). Subsequent evaporation of the solvent,
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`Hamanoteaches, causes “the adhesive resin layer 17 [to become] a porousfilm (adhesive resin
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`layer) which has voids communicating from the separator side into the positive and negative
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`electrode sides” (col. 11,
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`lines 19-22). Hamano teaches that the battery produced with the
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`particular configuration of the adhesive resin layer enables production of a thin and light battery
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`having excellent charge and discharge characteristics.
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`Assuch, even if Hamano mayteach an adhesiveresin layer disposed directly on the surface
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`of a separator substrate and in contact with an electrode, the reference does not provide for a resin
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`layer containing a polyolefin disposed on the surface ofthefirst filler layer and in contact with the
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`positive electrode, as required by amendedclaim 1.
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`Beneficial effects resulting from the aforementioned resin layer in conjunction with other
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`specific attributes of the separator as instantly claimed would not have been predictable from the
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`Application No.: 16/637,034
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`Docket No.: P200106US00
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`art of record. For example, formation of the resin layer containing a polyolefin on the surface of
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`the first filler layer may allow “the positive electrode 11 and the separator 13 [to] maintain good
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`contact therebetween even when the positive electrode 11 is deformed by a temperature increase
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`inside the battery due to, for example, an internal short-circuit of the battery,” as noted in paragraph
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`[0048] of the specification filed. Such a beneficial effect may be potentially attributed to a
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`polyolefin being “a resin which is melted or softened during hot pressing of the electrode assembly
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`and/or at the time of abnormalheat generation in the charged battery,” per paragraph [0049] ofthe
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`specification filed. Hamano, as well as the remainderofthe art of record,is silent as to the above
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`effect of having the particular resin layer disposed on the surface ofthefirst filler layer.
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`Accordingly, arguendo combining Hatayama, Ito and Hamano would notresult in the
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`aforementioned aspect of amended claim 1. And there would be norationale prompting a skilled
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`artisan to modify the arguendo combinationto arrive at the invention as now presented.
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`Wherefore, applicant respectfully submits that claim 1 as now presented, as well as its
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`respective dependentclaims are not obvious over Hatayamain view of Ito and further in view of
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`Hamano.
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`In view of the foregoing amendments and accompanying remarks, it is submitted that all
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`pending claims are in condition for allowance. A prompt and favorable reconsideration of the
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`rejection and an indication of allowability of all pending claims are earnestly solicited.
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`If the Examiner believes that there are issues remaining to be resolved in this application,
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`the Examineris invited to contact the undersigned attorney at the telephone number indicated
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`below to arrange for an interview to expedite and complete prosecution ofthis case.
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`Application No.: 16/637,034
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`Docket No.: P200106US00
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`If this paperis not timely filed, Applicants respectfully petition for an appropriate extension
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`of time. The fees for such an extension or any other fees that may be due with respect to this paper
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`may be charged to Deposit Account No. 50-2866.
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`Respectfully submitted,
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`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
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`/Michael J. Caridi/
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`MichaelJ. Caridi
`Attorney for Applicants
`Registration No. 56,171
`Telephone: 703-827-3800
`Facsimile: 571-395-8753
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`MJC/fo
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