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 .
Status of Claims
Claims 2, 5 and 6 are currently pending.
Claim 5 has been amended.
Claims 1, 3 and 4 have been canceled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/05/2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al., U.S. Publication No. 2004/0023115 A1 in view of Hayashi et al. (JP 2013125732, using EPO English Machine Translation for citations), Sugimori et al. (US 20190044179), Yamazaki et al. (US 20160118692) and Sasaki et al., WO 2017098715 A1 (Document attached, for citations please refer to the attached English Translation).
Regarding claim 5, Kato teaches a lithium rechargable battery comprising a positive electrode, a negative electrode, a battery case (4; Fig.1), a positive electrode terminal (2; Fig.1), a negative electrode terminal (3; Fig.1) and a nonaqueous electrolytic solution [0126], wherein the battery case is a flat angular battery case (4; Fig.1);
The positive electrode terminal (2) and the negative electrode terminal (3) are provided on a same face of the battery case (see Fig.1);
The positive electrode includes a positive electrode active material layer containing a lithium-containing transition metal complex oxide [0042];
The negative electrode includes an active material of the negative electrode active material layer [0043];
The negative electrode active material layer includes a negative electrode active material [0043], a binder (SBR; [0049]) and a thickener [0047];
The negative electrode active material of the negative electrode active material layer consist essentially of graphite [0043];
Kato teaches that the binder includes styrene butadiene rubber (SBR; [0049]), a content of the styrene butadiene rubber in the negative electrode active material layer is 2 wt% [0120], and the thickener includes carboxymethyl cellulose [0120].
Kato does not specifically teach that the positive electrode active material layer includes Li3PO4, Li2WO4, a mass ratio of Li3PO4 to the positive electrode active material is 1% by mass or more and 3% by mass or less; a mass ratio of Li2WO4 to the positive electrode active material is 0.5% by mass or more and 0.9% by mass or less; an average particle diameter of the Li3PO4 is 1 µm or more and 10 µm or less; an average particle diameter of the Li2WO4 is 0.01 µm or more and less than 0.1 µm and the lithium transition metal composite oxide is represented by a following Formula (I):LiaNixMnyCOzO2 (I),wherein, in Formula (I), a satisfies 0.98 a 1.20; x, y, and z satisfy x + y + z = 1; x satisfies 0.20 x 0.60; y satisfies 0 <y 0.50; and z satisfies 0 <z 0.50.
However, Hayashi discloses a nonaqueous electrolyte secondary battery [0025], comprising a positive electrode, a negative electrode, and a nonaqueous electrolyte solution [0054]. The positive electrode comprises a positive electrode mixture paste including a positive electrode active material [0055]. The positive electrode active material includes a lithium- metal composite oxide represented by a general formula LizNi1- x - yCoxMyO2 (where 0.10 ≤ x ≤ 0.35, 0 ≤ y ≤ 0.35, 0.97≤ z ≤ 1.20 and M represents at least one element selected from Mn, V, Mg, Mo, Nb, Ti and Al) (Hayashi;[0026]) and fine particles containing lithium tungstate represented by Li2WO4, are formed on the surfaces of the lithium-metal composite oxide (Hayashi;[0027]). Hayashi further discloses in example 7, Li1.06 Ni 0.34Co0.33Mn 0.33O2- was used as lithium metal composite powder [0085], reading on the claimed lithium transition metal complex oxide including at least lithium, nickel, manganese, and cobalt.
Examiner notes that Li1.06 Ni 0.34Co0.33Mn 0.33O2- (where a is 1.06, x + y + z = 1, x is 0.34, y is 0.33, z is 0.33), reads on the claimed formula (I): LiaNixMnyCozO2, wherein a satisfies 0.98 ≤ a ≤ 1.20, x, y and z satisfy x + y + z = 1; x satisfies 0.20 ≤ x ≤ 0.60; y satisfies 0 < y ≤ 0.50; and z satisfies 0 < z ≤ 0.50 .
Hayashi further discloses the fine particles (Li2WO4) preferably have a particle size (diameter) of 1 to 100 nm [0030], which converts to 0.001 to 0.1 micrometer. This range, 0.001 to 0.1 micrometer encompasses the claimed range of 0.01 µm or more and less than 0.1 µm, and also selecting any portion of the range, including the claimed range, from the broader range disclosed in the prior art reference because the prior art reference finds that the prior art composition in the entire disclosed range has a suitable utility. Also see MPEP § 2131.03 and § 2123.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to select the positive electrode of Hayashi for the positive electrode of Kim, because such material would result in a high capacity and high output battery when used as a positive active material (Hayashi: Abstract).
Modified Kato does not disclose a mass ratio of Li2WO4 to the positive electrode active material is 0.5% by mass or more and 0.9% by mass or less. However, Hayashi further discloses, it was found that the positive electrode resistance of the battery can be reduced and the output characteristics can be improved by forming fine particles containing Wand Li on the surface of the primary particles constituting the lithium-metal composite oxide powder [0013]. Examiner notes that the teaching of the addition of lithium tungstate (Li2WO4) to an positive electrode active material is recognized as a result effective variable (i.e. a variable that achieves a recognized result), and varying the mass of the lithium tungstate (Li2WO4) and the mass of the positive electrode active material is optimization involving only routine skill in the art.
In an effort to optimize the role of the lithium tungstate (Li2WO4), it would have been obvious to one having ordinary skill in the art to arrive at the claimed range of a mass ratio of Li2WO4 to the positive electrode active material is 0.5% by mass or more and 0.9% by mass or less. It has been held that when the general conditions are discloses in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (see MPEP 2144.05). Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention and therefore prima facie obvious.
Modified Kato does not disclose the positive electrode active material layer includes Li3PO4.
Sugimori discloses a nonaqueous electrolyte secondary battery that includes an electrode body comprising a positive and negative electrode (Sugimori: [0014]-[0015]). Sugimori further discloses the positive electrode includes a positive electrode mixture layer. The positive electrode mixture layer contains a lithium transition metal oxide containing at least nickel (Ni), cobalt (Co), manganese (Mn), and tungsten (W) and contains a tungsten oxide (Sugimori:[0019]). Sugimori further discloses preferably the positive electrode mixture layer further contains a phosphate compound. The phosphate compound forms a higher quality protective coating on the surfaces of the positive electrode so as to contribute to suppression of gas generation, regarding the phosphate compound, for example, lithium phosphate may be used (Sugimori:[0031]). The phosphate compound is preferably a lithium phosphate from the viewpoint of stability when overcharging occurs and the like, Li3PO4 is preferable (Sugimori: [0032]). The content of the lithium phosphate in the positive electrode mixture layer is most preferably 1 % to 3 % by mass relative to the mass of the lithium transition metal, when the content of the phosphate compound is within the range, a high quality protective coating is readily formed on the surfaces of the positive electrode without decreasing the positive electrode capacity, and gas generation can be efficiently suppressed when the battery is subjected to a charge - discharge cycle at high temperature (Sugimori:[0033]).
It would have been obvious to one having ordinary skill in the art to add the lithium phosphate (Li3PO4) of Sugimori, in an amount of 1% to 3% by mass to the positive electrode active material layer of modified Kim in order to further aid in the suppression of gas generated inside the battery and to further aid in the stability of the positive electrode active material layer during overcharging as taught by Sugimori at ([0031]-[0032]). Therefore modified Kim further discloses the positive electrode active material layer includes Li3PO4 in an amount of 1% to 3% by mass.
Modified Kato does not disclose an average particle diameter of Li3PO4 is 1 µm or more and 10 µm or less.
Yamazaki discloses adding lithium phosphate (trilithium phosphate) to a positive electrode active material (Yamazaki:[abstract]) and teaches the average particle diameter (d50) of lithium phosphate is 3 µm (Yamazaki:[Fig.14;0084]). Yamazaki further discloses a d50 of 3 µm ensures a good dispersion degree of lithium phosphate (Yamazaki:[0083]).
It would have been obvious to one having ordinary skill in the art to provide the lithium phosphate taught by modified Kim with an average particle diameter of 3 µm, in order to ensure good dispersion of the lithium phosphate as taught by Yamazaki.
Modified Kato does not specifically teach a safety valve provided on a same face of the positive and the negative terminal and a content of the graphite in the negative electrode active material layer being 95% by mass or more and 99% by mass or less.
However, Sasaki teaches a power storage element comprising a negative electrode containing 80 to 95% by mass graphite (Page 6, Para.07).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to select 80 to 95% by mass of graphite for the negative active material of Kato, because as taught by Sasaki this is a suitable amount of graphite in a negative active material in the battery. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Sasaki further teaches a gas discharge valve 321 on the same face of the battery case 32 as the positive and negative electrode terminals (7) to discharge gas from the inside of the case to the outside when the internal pressure of the case rises to a predetermined pressure (Page 8, [007]).
Therefore, it would have been obvious toa person having ordinary skill in the art before the effective filing date of the claimed invention to add a safetly valve to battery case of modified Kato on the same face as its terminals in order to discharge gas from the inside of the case to the outside when the internal pressure of the case rises to a predetermined pressure as taught by Sasaki (Page 8, [007]).
Regarding claim 2, modified Kato teaches in an example the lithium metal composite powder is a lithium-nicke-cobalt-manganese composite oxide represented by Li1.06Ni0.34Co0.33Mn0.33O2 (Hayashi: [0085]) where x is 0.34
Regarding claim 6, the Li2WO4 particles of modified Kato (Hayashi: [0027]) are separate particles from the positive active material and Li3PO4, because they are separate particles made of different material and formed on the surface of the active material.
Response to Arguments
Applicant’s arguments, see Remarks, filed 02/05/2026, with respect to the rejection(s) of claim(s) 5 under Hayashi in view of Sugimori, Yamazaki, and Kato 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 Kato in view of Hayashi, Sugimori, Yamazaki, and Sasaki.
Conclusion
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/NIKI BAKHTIARI/ Supervisory Patent Examiner, Art Unit 1722