DETAILED ACTION
Response to Amendment
Claims 1, 2, 5, 11-14, 22, 24, and 25 are current pending. Claims 3, 4, 6-10, 15-21, and 23 are cancelled. New claims 24 and 25 have been added. The amended claim 1 does overcome the previously stated 103 rejections. However, upon further consideration, claims 1, 2, 5, 11-14, 22, 24, and 25 are rejected under the following new 103 rejection. This action is made FINAL as necessitated by the amendment.
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.
Claims 1, 2, 5, 11-14, 22, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Miyayama et al (JP 2005123107 A, machine translation) in view of Yamashita et al (US 2018/0083284), and further in view of Sukino et al (JP 2011228293 A, machine translation).
Regarding claims 1, 2, 5, 11-14, 22, 24, and 25, Miyayama et al discloses an electrochemical device (lithium ion secondary battery) comprising:
a positive electrode;
a negative electrode; and
a nonaqueous electrolyte (electrolytic solution);
wherein the positive electrode comprises:
a positive electrode current collector and a positive electrode mixture (positive electrode active material layer) that is provided on the positive electrode current collector and includes a composite (electrically conductive substance) comprising:
a carbon material (electrically conductive supports) each including a carbon material;
a lithium phosphate (electrically conductive particles) supported by the carbon material, wherein the lithium phosphate includes primary particles each consisting of a lithium compound including a lithium phosphate compound represented by LiFePO4,
wherein the carbon material includes artificial graphite (sheet-shaped carbon material), acetylene black, carbon black (spherical carbon material), carbon fiber (fibrous carbon material), carbon nanotube ([0013],[0016]-[0020],[0026]).
However, Miyayama et al does not expressly teach a lithium phosphate compound represented by LiMn0.75Fe0.20Mg0.05PO4 (claim 1).
Yamashita et al discloses a positive electrode active material (electrically conductive particles) that is LiMn0.75Fe0.20Mg0.05PO4 ([0145]).
Therefore, the invention as a whole would have been obvious to one of ordinary skill in the art at the time the invention was made because the disclosure of Yamashita indicates that LiMn0.75Fe0.20Mg0.05PO4 is a suitable material for use as a positive electrode active material. The selection of a known material based on its suitability for its intended use has generally been held to be prima facie obvious (MPEP §2144.07). As such, it would be obvious to use LiMn0.75Fe0.20Mg0.05PO4.
However, Miyayama et al as modified by Yamashita et al does not expressly teach a lithium phosphate compound having an average particle size ranging from 21 nm to 26 nm; and a covering layer including carbon in a carbon source that is water soluble and covering at least a part of the electrically conductive supports (claim 1); the secondary particles having an average particle size from 50 nanometers to 1000 nanometers (claim 2); wherein the positive electrode active material layer further includes a positive electrode active material (claim 12); wherein the average particle size of the electrically conductive particles is 26 nm (claim 22); wherein the carbon source of the covering layer includes sucrose (claim 25).
Sukino et al teaches the concept of coating a surface of active material particles such as lithium phosphate (electrically conductive particles) with carbon (covering layer) that can be obtained by heat treating a carbon source that is water soluble such as sucrose; wherein the average particle size of the secondary particles is preferably 0.5 (500 nm) to 50 um (50,000 nm) and the particle size of the primary particles of LiFePO4 is more preferably 50 nm to 500 nm; wherein the positive electrode active material layer further includes a lithium transition metal composite oxide (positive electrode active material) ([0032]-[0034]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Miyayama/Yamashita composite to include primary particles of a lithium phosphate compound having an average particle size of 50 nm to 500 nm and secondary particles having an average particle size from 500 nm to 50,000 nm; a covering layer that includes carbon in a carbon source that is water soluble such as sucrose; wherein the positive electrode active material layer further includes a positive electrode active material such as lithium transition metal composite oxide in order to ensure sufficient electron conduction between particles to fully exhibit the effects of the invention ([0032]); thereby providing a battery having a high ratio of a low-SOC output with respect to a high-SOC output, and a high energy density (Abstract). In addition, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Miyayama/Yamashita/Sukino composite to include primary particles of the lithium phosphate compound having an average particle size ranging from 21 nm to 26 nm or 26 nanometers and secondary particles having an average particle size from 50 nanometers to 1000 nanometers because it has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Sukino et al also discloses that by reducing the primary particle size of LiFePO4, the conduction path length of electrons in the solid phase and the diffusion path length of Li ions can be shortened, making it possible to maximize the performance of the LiFePO4 ([0034]). So, the average particle sizes of the primary particles and secondary particles are result effective variables of shortening the conduction path length of electrons in the solid phase and the diffusion path length of Li ions to maximize the performance of the lithium phosphate compound. Where 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)). There is no evidence of criticality of the claimed average particle size of primary particles and secondary particles the lithium phosphate compound. Lastly, the Office takes the position that the Miyayama/Yamashita/Sukino composite inherently comprises a covering layer covering at least a part of the carbon material (electrically conductive supports).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 5, 11-14, 22, 24, and 25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/T.S.C/Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 12/16/2025