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 Arguments
Applicant’s arguments, see pages 6-11 of Remarks, filed 01-14-2026, with respect to the rejection(s) of claim(s) 1, 7-8, 12, 19-22, 30-31, 33, 35-36, 38, 40-41 under 35 U.S.C. § 102/103 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 Therefore, the rejection has been withdrawn.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 JPH0878009A.
Claim Rejections - 35 USC § 102/103
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, 7-8, 12, 19-22, 30-31, 33, 35-36, 38, 40-41 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over JPH0878009A hereinafter Inamasu.
Regarding Claim 1, Inamasu teaches a positive electrode (cathode) comprising: a positive electrode active material that is made of a composite oxide having layer structure represented by a formula of LiaNibM1cM2dO2 (wherein M1 is Mn, and M2 is at least one selected from B, Si, P, Ga, Ge, Sb, Tl, Pb, and Bi) (see Abstract, paragraphs 31-32). Inamasu further teaches that M2 can be Si (paragraph 31, see Examples 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art to use such positive electrode active material composition before the effective filing date of the claimed invention because Inamasu discloses that such configuration can form a lithium secondary battery having improved capacity and stability in cycles (paragraphs 31-32).
Regarding Claims 7-8, Inamasu teaches that the positive electrode active material is a composite oxide having layer structure represented by a formula of LiaNibM1cM2dO2 (wherein M1 is Mn, and M2 is Si) (paragraph 31, see Examples 1-3).
Regarding Claim 12, Inamasu teaches that the positive electrode active material as shown above is a cobalt-free positive electrode (cathode).
Regarding Claims 19-22, Inamasu teaches a method for preparing the positive electrode, and evidence by (US 2018/0316009 hereinafter Park) the method comprising: preparing a slurry containing a solvent, the active material, a conductive additive, and a binder; forming the slurry on a substrate; and drying the positive electrode (cathode) (paragraphs 18-21 of Inamasu). Park further teaches that the solvent is N-methyl-2-pyrrolidone or water; the conductive additive is carbon black; and the binder is polyvinylidene fluoride (PVDF) (paragraph 131).
Regarding Claims 30-31, 33, 35-36, 38 and 40-41, Inamasu teaches a lithium secondary battery comprising the positive electrode (cathode) as described above, a negative electrode (anode), and an electrolyte (paragraph 21) and the battery having the claimed characteristics and functions (see MPEP § 2112.01).
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 OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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