Ex Parte Mizuno et al

Patent Trial and Appeal Board

Feb 21, 2018

14342875 (P.T.A.B. Feb. 21, 2018)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/342,875 03/05/2014 Naoki Mizuno TIP-14-1049 4557
35811 7590 02/23/2018
IP GROUP OF DLA PIPER LLP (US)
ONE LIBERTY PLACE
1650 MARKET ST, SUITE 4900
PHILADELPHIA, PA 19103
EXAMINER
ARCIERO, ADAM A
ART UNIT PAPER NUMBER
1727
NOTIFICATION DATE DELIVERY MODE
02/23/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
pto.phil@dlapiper.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte NAOKI MIZUNO, MICHIHIKO IRIE, and
KEN SHIMIZU
Appeal 2017-010868
Application 14/342,875
Technology Center 1700
Before ADRIENE LEPIANE HANLON, N. WHITNEY WILSON, and
JEFFREY R. SNAY, Administrative Patent Judges.
WILSON, Administrative Patent Judge.
DECISION ON APPEAL
Appellants1 appeal under 35 U.S.C. § 134(a) from the Examiner’s
October 21, 2016 decision finally rejecting claims 1-3 (“Final Act.”). We have
jurisdiction over the appeal under 35 U.S.C. § 6(b).
We reverse.
1 Appellants identify the real party in interest as Toray Battery Separator
Film Co., Ltd. (Br. 1).
Appeal 2017-010868
Application 14/342,875
CLAIMED SUBJECT MATTER
The application on appeal describes a battery separator comprising a
porous membrane A and a porous membrane B which is laminated onto porous
membrane A (Abstract). Porous membrane A comprises a polyolefin resin
while porous membrane B comprises a fluororesin and inorganic particles or
cross-linked polymer particles {id.). The inorganic or cross-linked polymer
particles comprise 80 wt% to 97 wt% of porous membrane B and have an
average diameter not less than 1.5 times and less than 50 times the average pore
size of porous membrane A {id.), and must meet certain specific expressions, as
set forth in claim 1. The claimed battery separator is said to have excellent heat
resistance and processability {id.). Details of the claimed invention are set forth
in representative claim 1, as reproduced below from the Claims Appendix:
1. A battery separator comprising: a porous membrane A
comprising a polyolefin resin, and a porous membrane B
laminated thereon comprising a fluororesin and inorganic
particles or cross-linked polymer particles,
wherein the particles comprise 80 wt% to 97 wt% of the
porous membrane B and have an average diameter being not
less than 1.5 times and less than 50 times the average pore size
of the porous membrane A, and the fluororesin infiltrates in
trace amounts deep into pores of the porous membrane A, and
infiltration in trace amounts is determined by Expression 1 and
infiltration deep into pores is determined by Expression 2:
0.01