Prosecution Insights
Last updated: July 17, 2026
Application No. 17/636,630

METHOD FOR MANUFACTURING POSITIVE ELECTRODE MATERIAL FOR ELECTRICITY STORAGE DEVICE

Final Rejection §103
Filed
Feb 18, 2022
Priority
Sep 20, 2019 — JP 2019-171541 +2 more
Examiner
WALLS, CYNTHIA KYUNG SOO
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nippon Electric Glass Co., Ltd.
OA Round
4 (Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
654 granted / 912 resolved
+6.7% vs TC avg
Minimal -1% lift
Without
With
+-0.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
45 currently pending
Career history
968
Total Applications
across all art units

Statute-Specific Performance

§103
81.5%
+41.5% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
8.2%
-31.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 912 resolved cases

Office Action

§103
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 Amendment This Office Action is responsive to the amendment filed on 3/19/2026. Claims 1-4, 6, 8, 10-20 are pending. Claims 12-20 are withdrawn from further consideration as being drawn to a non-elected invention, in accordance with 37 CFR 1.142(b). Applicant’s arguments have been considered. Claims 1-4, 6, 8, 10, 11 are finally rejected for reasons stated herein below. 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 1-4, 6, 8, 10, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi (US 2017/0346094). Regarding claim 1, a method for manufacturing a positive electrode material for an electricity storage device, the method comprising the step of subjecting a raw material containing a positive electrode active material precursor powder made of an amorphous oxide material and a solid electrolyte powder to thermal treatment [0053, 0057]. Regarding claim 1, wherein the positive electrode active material precursor powder has a crystallization temperature of 490°C or lower, the instant Specification states: [0033] The crystallization temperature of the positive electrode active material precursor powder varies depending not only on the composition, but also on the particle diameter. Specifically, when the particle diameter of the positive electrode active material precursor powder is smaller, the specific surface area thereof becomes larger, so that the surface energy increases and, thus, surface crystallization is likely to occur. As a result, the crystallization temperature is likely to decrease. (emphasis added) [0043] Subsequently, the obtained formed body is ground to obtain a positive electrode active material precursor powder. The average particle diameter of the positive electrode active material precursor powder is preferably 0.01 to less than 0.7 um, more preferably 0.03 to less than 0.7 um, still more preferably 0.05 to 0.6 um, and particularly preferably 0.1 to 0.5 um. If the average particle diameter of the positive electrode active material precursor powder is too small, the cohesion between the powder particles increases when the positive electrode active material precursor powder is used in paste form, so that it is less likely to be dispersed into the paste. In addition, in mixing the positive electrode active material precursor powder with a solid electrolyte powder or the like, it is difficult to uniformly disperse the positive electrode active material precursor powder into the mixture, so that the internal resistance increases and, thus, the charge and discharge capacities may decrease. On the other hand, if the average particle diameter of the positive electrode active material precursor powder is too large, the crystallization temperature tends to be high. In addition, the amount of ions diffusing per unit surface area of the positive electrode material decreases, so that the internal resistance tends to increase. Furthermore, in mixing the positive electrode active material precursor powder with a solid electrolyte powder, the adhesiveness between the positive electrode active material precursor powder and the solid electrolyte powder decreases, so that the mechanical strength of the positive electrode material layer decreases and, as a result, the charge and discharge capacities tend to decrease. Alternatively, the adhesiveness between the positive electrode material layer and the solid electrolyte layer becomes poor, so that the positive electrode material layer may peel off from the solid electrolyte layer. (emphasis added) The instant Specification states that the precursor powder composition is, in terms of the following oxides in mol %, 25% to 55% of Na2O, 10% to 30% of Fe2O3+Cr2O3+MnO+CoO+NiO, and 25% to 55% of P2O5 [0034]. Yamauchi also discloses the same composition. Refer to [0032] of Yamauchi. Further, Yamauchi discloses the precursor particle diameter is 0.7 um. See Example 2 in Table 1. Hence, MPEP 2112 V states that "once a reference teaching product appearing to be substantially identical is made the basis of a rejection, and the Examiner presents evidence or reasoning tending to show inherency, the burden shifts to the Applicant to show an unobvious difference." Regarding claim 2, a temperature during the thermal treatment is 400 to 600°C. Refer to paragraph [0057] and Example 3 in Table 2. Regarding claim 3, a time for the thermal treatment is less than three hours [0058]. Regarding claim 4, the thermal treatment is performed in a reductive atmosphere [0056]. Regarding claim 6, the positive electrode active material precursor powder contains, in terms of % by mole of the following oxides, 25 to 55% Na2O, 10 to 30% Fe2O3+Cr2O3+MnO+CoO+NiO, and 25 to 55% P2O5 [0032]. Regarding claim 8, the solid electrolyte powder is B-alumina, B"-alumina or NASICON crystals [0048]. Regarding claim 10, the raw material contains a conductive carbon [0044]. Regarding claim 11, the raw material contains, in terms of % by mass, 30 to 100% positive electrode active material precursor powder, 0 to 70% solid electrolyte powder, and 0 to 20% conductive carbon. See paragraph [0053] and Example 1 on Table 1. Regarding claim 1, the solid electrolyte powder has an average particle diameter of 0.05 to 0.4 um, Yamauchi discloses the average particle diameter D50 of the sodium ion conductive solid electrolyte is preferably from 0.5 μm to 25 μm, more preferably from 1 pm to 20 am, particularly preferably from 1.2 μm to 15 μm. When the average particle diameter D50 of the sodium ion conductive solid electrolyte is excessively small, the sodium ion conductive solid electrolyte is difficult to uniformly mix with the oxide material. In addition, the sodium ion conductive solid electrolyte absorbs moisture and is carbonated, and hence the ion conduction is liable to decrease. As a result, the internal resistance is liable to increase, and the voltage performance and the charge and discharge capacities are liable to decrease. Meanwhile, when the average particle diameter D50 of the sodium ion conductive solid electrolyte is excessively large, the oxide material is significantly prevented from being softened to flow. Therefore, the smoothness of a positive electrode layer to be obtained is liable to be deteriorated to decrease the mechanical strength, and the internal resistance is liable to increase [0050]. It is noted that Yamauchi does not necessarily disclose that the average particle diameter D50 of the sodium ion conductive solid electrolyte is from 0.5 μm to 25 μm, but instead discloses the average particle diameter D50 of the sodium ion conductive solid electrolyte is preferably from 0.5 μm to 25 μm [0050]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the particle size of the solid electrolyte powder outside the preferred range as long as the sodium ion conductive solid electrolyte is not difficult to uniformly mix with the oxide material for the benefit of having good ion conduction and reduce internal resistance. Further, the instant Specification states: [0048] The average particle diameter of the solid electrolyte powder is preferably 0.05 to 3 um, more preferably 0.05 to less than 1.8 um, still more preferably 0.05 to 1.5 um, yet still more preferably 0.1 to 1.2 um, and particularly preferably 0 .1 to 0. 9 um. If the average particle diameter of the solid electrolyte powder is too small, not only the solid electrolyte powder becomes difficult to uniformly mix together with the positive electrode active material precursor powder, but also may absorb moisture or become carbonated to decrease the ionic conductivity or may promote an excessive reaction with the positive electrode active material precursor powder. As a result, the internal resistance of the positive electrode material layer increases, so that the voltage characteristics and the charge and discharge capacities tend to decrease. On the other hand, if the average particle diameter of the solid electrolyte powder is too large, this significantly inhibits the softening and flow of the positive electrode active material precursor powder, so that the resultant positive electrode material layer tends to have poor smoothness to decrease the mechanical strength and tends to increase the internal resistance. It appears that Yamauchi’s reasons to adjust the sodium ion conductive solid electrolyte particle size are the same reasons as the Applicants. Given that Yamauchi does not necessarily limit the particle size of the sodium ion conductive solid electrolyte, to adjust the sodium ion conductive solid electrolyte particle size to avoid uneven mixing with the active material precursor powder would have been within the skill of an ordinary artisan. Regarding claim 1, the positive electrode active material precursor powder has an average particle diameter of 0.01 to 0.3 um, Yamauchi discloses the average particle diameter D50 of the oxide material powder is preferably from 0.05 μm to 3 μm. When the average particle diameter D50 is excessively small, an aggregation force between particles increases, so that, in the case of the oxide material powder being made into a paste, the oxide material powder is difficult to disperse into the paste. Further, when the oxide material powder is mixed with the sodium ion conductive solid electrolyte or the like, the oxide material powder is difficult to disperse uniformly into the mixture. As a result, the positive electrode material is aggregated to be unevenly distributed, and the transfer of the sodium ions with respect to the sodium ion conductive solid electrolyte is inhibited. As a result, the internal resistance increases, so that the voltage performance is liable to decrease. Meanwhile, when the average particle diameter D50 is excessively large, the sodium ion diffusion amount per unit surface area of the positive electrode material decreases, and hence the internal resistance is liable to increase. Further, when the oxide material powder is mixed with the sodium ion conductive solid electrolyte, the adhesiveness between the oxide material and the solid electrolyte decreases. Therefore, the mechanical strength of a positive electrode layer is liable to decrease, and the positive electrode layer and the solid electrolyte layer are liable to peel from each other. As a result, the voltage performance and the charge and discharge capacities are liable to decrease [0040]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the precursor particle diameter of Yamauchi for the benefit of uniformly dispersing the precursor particles evenly with the sodium ion conductive solid electrolyte and minimizing internal resistance. Response to Arguments Arguments and the declaration dated 7/7/2025 are addressed below: Regarding claim 1, the solid electrolyte powder has an average particle diameter of 0.05 to 0.4 um, Yamauchi discloses the average particle diameter D50 of the sodium ion conductive solid electrolyte is preferably from 0.5 μm to 25 μm, more preferably from 1 pm to 20 am, particularly preferably from 1.2 μm to 15 μm. When the average particle diameter D50 of the sodium ion conductive solid electrolyte is excessively small, the sodium ion conductive solid electrolyte is difficult to uniformly mix with the oxide material. In addition, the sodium ion conductive solid electrolyte absorbs moisture and is carbonated, and hence the ion conduction is liable to decrease. As a result, the internal resistance is liable to increase, and the voltage performance and the charge and discharge capacities are liable to decrease. Meanwhile, when the average particle diameter D50 of the sodium ion conductive solid electrolyte is excessively large, the oxide material is significantly prevented from being softened to flow. Therefore, the smoothness of a positive electrode layer to be obtained is liable to be deteriorated to decrease the mechanical strength, and the internal resistance is liable to increase [0050]. It is noted that Yamauchi does not necessarily disclose that the average particle diameter D50 of the sodium ion conductive solid electrolyte is from 0.5 μm to 25 μm, but instead discloses the average particle diameter D50 of the sodium ion conductive solid electrolyte is preferably from 0.5 μm to 25 μm [0050]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the particle size of the solid electrolyte powder outside the preferred range as long as the sodium ion conductive solid electrolyte is not difficult to uniformly mix with the oxide material for the benefit of having good ion conduction and reduce internal resistance. Further, the instant Specification states: [0048] The average particle diameter of the solid electrolyte powder is preferably 0.05 to 3 um, more preferably 0.05 to less than 1.8 um, still more preferably 0.05 to 1.5 um, yet still more preferably 0.1 to 1.2 um, and particularly preferably 0 .1 to 0. 9 um. If the average particle diameter of the solid electrolyte powder is too small, not only the solid electrolyte powder becomes difficult to uniformly mix together with the positive electrode active material precursor powder, but also may absorb moisture or become carbonated to decrease the ionic conductivity or may promote an excessive reaction with the positive electrode active material precursor powder. As a result, the internal resistance of the positive electrode material layer increases, so that the voltage characteristics and the charge and discharge capacities tend to decrease. On the other hand, if the average particle diameter of the solid electrolyte powder is too large, this significantly inhibits the softening and flow of the positive electrode active material precursor powder, so that the resultant positive electrode material layer tends to have poor smoothness to decrease the mechanical strength and tends to increase the internal resistance. It appears that Yamauchi’s reasons to adjust the sodium ion conductive solid electrolyte particle size are the same reasons as the Applicants. Given that Yamauchi does not necessarily limit the particle size of the sodium ion conductive solid electrolyte, to adjust the sodium ion conductive solid electrolyte particle size to avoid uneven mixing with the active material precursor powder would have been within the skill of an ordinary artisan. Applicant argues unexpected results for the claimed range of 0.01 to 0.3 um in claim 1. Applicant points to Table 1, Examples 2, 3, 5, 6, 8, and 9 for unexpected results. In response, the Examiner notes that Applicant’s claim 1 is not commensurate in scope with Applicant’s assertion of unexpected results as described in Table 1, for claim 1 is much broader than the data that are supported by Table 1. Claim 1 merely recites the crystallization temperature of the positive electrode active material precursor powder of 490 C or lower, the solid electrolyte powder average particle diameter of 0.05 to 0.4 um, and the positive electrode active material precursor powder average particle diameter of 0.01 to 0.3 um. However, Table 1 clearly shows that the discharge capacity of the positive electrode material depends on further variables, as the Examiner argues further below. Claim 1 is silent as to further variables that affect the discharge capacity of the positive electrode material, such as the composition of the positive electrode material, even the processing conditions of the positive electrode active material precursor powder and the solid electrolyte powder, as described in the instant Specification as published in PGPUB US 2022/0344631, as shown below: [0059] (3) Composition of Raw Material [0060] The raw material preferably contains, in terms of % by mass, 30 to 100% positive electrode active material precursor powder, 0 to 70% solid electrolyte powder, and 0 to 20% conductive carbon, more preferably contains 44.5 to 94.5% positive electrode active material precursor powder, 5 to 55% solid electrolyte powder, and 0.5 to 15% conductive carbon, and still more preferably contains 50 to 92% positive electrode active material precursor powder, 7 to 50% solid electrolyte powder, and 1 to 10% conductive carbon. If the content of the positive electrode active material precursor powder is too small, the amount of components that absorb or release sodium ions with charge and discharge in the positive electrode material becomes small, so that the charge and discharge capacities of the electricity storage device tend to decrease. If the content of the conductive carbon or the solid electrolyte powder is too large, the bindability of the positive electrode material precursor powder decreases to increase the internal resistance and, therefore, the voltage characteristics and the charge and discharge capacities tend to decrease. [0077] (a) Making of Positive Electrode Active Material Precursor Powder [0078] Using sodium metaphosphate (NaPO.sub.3), iron oxide (Fe.sub.2O.sub.3), and orthophosphoric acid (H.sub.3PO.sub.4) as raw materials, these powdered raw materials were formulated to give a composition of, in terms of % by mole, 40% Na.sub.2O, 20% Fe.sub.2O.sub.3, and 40% P.sub.2O.sub.5 and melted at 1250° C. for 45 minutes in an air atmosphere. Thereafter, the melt was poured between a pair of rotating rollers and formed into a shape with rapid cooling, thus obtaining a film-like glass having a thickness of 0.1 to 2 mm. The obtained film-like glass was ground in a ball mill and a planetary ball mill to obtain each of glass powders (positive electrode active material precursor powders) having respective particle diameters shown in Table 1. Furthermore, the glass powders were measured in terms of crystallization temperature with a DTA (DTA 8410 manufactured by Rigaku Corporation). As a result of powder X-ray diffraction (XRD) measurement, all of the obtained glass powders were confirmed to be amorphous. [0079] (b) Making of Solid Electrolyte Layer and Solid Electrolyte Powder [0080] (b-1) Making of β″-Alumina Solid Electrolyte Layer and β″-Alumina Solid Electrolyte Powder [0081] Li.sub.2O-stabilized β″-alumina (manufactured by Ionotec Ltd., composition formula: Na.sub.1.7Li.sub.0.3Al.sub.10.7O.sub.17) was processed into a 0.5-mm thick sheet, thus obtaining a solid electrolyte layer. Furthermore, the Li.sub.2O-stabilized β″-alumina in sheet form was ground in a ball mill and a planetary ball mill to obtain each of solid electrolyte powders having respective particle diameters shown in Table 1. [0082] (b-2) Making of NASICON Solid Electrolyte Layer and NASICON Solid Electrolyte Powder [0083] Using sodium carbonate (Na.sub.2CO.sub.3), yttria-stabilized zirconia having an yttrium content of 3.0% ((ZrO.sub.2).sub.0.97(Y.sub.2O.sub.3).sub.0.03), silicon dioxide (SiO.sub.2), and sodium metaphosphate (NaPO.sub.3), these powdered raw materials were formulated to give a composition of, in terms of % by mole, 25.3% Na.sub.2O, 31.6% ZrO.sub.2, 1.0% Y.sub.2O.sub.3, 33.7% SiO.sub.2, and 8.4% P.sub.2O.sub.5. Next, the powdered raw materials were wet mixed for four hours using ethanol as a medium. Then, ethanol was evaporated, the powdered raw materials were pre-fired at 1100° C. for eight hours and then ground, and the ground powder was classified with an air classifier (type MDS-3 manufactured by Nippon Pneumatic Mfg. Co., Ltd.). Using an acrylic acid ester-based copolymer (OLYCOX KC-7000 manufactured by Kyoeisha Chemical Co., Ltd.) as a binder and benzyl butyl phthalate as a plasticizer, these materials and the classified powder were weighed to reach a ratio of raw material powder to binder to plasticizer of 83.5:15:1.5 (mass ratio) and the mixture was dispersed into N-methylpyrrolidinone, followed by well stirring with a planetary centrifugal mixer to form a slurry. [0084] The slurry obtained as above was applied onto a PET film and dried at 70° C., thus obtaining a green sheet. The obtained green sheet was pressed at 90° C. and 40 MPa for five minutes using an isostatic pressing apparatus. The pressed green sheet was fired at 1220° C. for 40 hours in an atmosphere of a dew point of −40° C. or lower, thus obtaining a solid electrolyte layer containing NASICON crystals. [0085] Furthermore, the powder obtained after the above classification was uniaxially pressed into a shape at 40 MPa in a 20-mm diameter die and then fired at 1220° C. for 40 hours in an atmosphere of a dew point of −40° C. or lower to obtain a solid electrolyte containing NASICON crystals. The obtained solid electrolyte was ground, thus obtaining a solid electrolyte powder having a particle diameter shown in Table 1. The Examiner notes that it is unclear as to how the precursor processing conditions of the positive electrode active material precursor powder and the solid electrolyte powder affect Applicant’s assertions of the unexpected results, or if the precursor powders processed by any conditions would meet the unexpected results as claimed by the Applicants. Further, the instant Specification further states that the thermal treatment of the positive electrode material affects the capacity performance: [0062] (4) Thermal Treatment Conditions [0063] The temperature during the thermal treatment (the maximum temperature during the thermal treatment) is preferably 400 to 600° C., more preferably 410 to 580° C., still more preferably 420 to 575° C., and particularly preferably 425 to 560° C. In terms of the relationship with the crystallization temperature of the positive electrode active material precursor powder, the temperature during the thermal treatment is, with respect to the crystallization temperature of the positive electrode active material precursor powder, preferably +0° C. to +200° C., more preferably +30° C. to +150° C., and particularly preferably +50° C. to +120° C. If the temperature during the thermal treatment is too low, the crystallization of the positive electrode active material precursor powder becomes insufficient, so that a remaining amorphous phase serves as a high-resistance portion and, thus, the voltage characteristics and the charge and discharge capacities tend to decrease. On the other hand, if the temperature during the thermal treatment is too high, the positive electrode active material precursor powder particles excessively fuse together and, thus, coarse particles are formed, so that the specific surface area of the positive electrode active material tends to be small and the charge and discharge characteristics tend to decrease. In addition, in the case of an all-solid-state cell, the positive electrode active material precursor powder and the solid electrolyte powder react with each other during the thermal treatment and, thus, crystals not contributing to charge and discharge (such as maricite NaFePO.sub.4 crystals) precipitate, so that the charge and discharge capacities may decrease. Alternatively, elements contained in the positive electrode active material precursor powder and elements contained in the solid electrolyte mutually diffuse during the thermal treatment, so that a high-resistance layer is partially formed and, thus, the rate characteristics of the all-solid-state cell may decrease. [0064] The time for the thermal treatment (the holding time at the maximum temperature during the thermal treatment) is preferably less than three hours, more preferably two hours or less, still more preferably an hour or less, and particularly preferably 45 minutes or less. If the time for the thermal treatment is too long, the positive electrode active material precursor powder particles excessively fuse together and, thus, coarse particles are likely to be formed, so that the specific surface area of the positive electrode active material tends to be small and the charge and discharge characteristics tend to decrease. In addition, in the case of an all-solid-state cell, the positive electrode active material precursor powder and the solid electrolyte powder react with each other during the thermal treatment and, thus, crystals not contributing to charge and discharge (such as maricite NaFePO.sub.4 crystals) precipitate, so that the charge and discharge capacities may decrease. Alternatively, elements contained in the positive electrode active material precursor powder and elements contained in the solid electrolyte mutually diffuse during the thermal treatment, so that a high-resistance layer is partially formed and, thus, the rate characteristics of the all-solid-state cell may decrease. On the other hand, if the time for the thermal treatment is too short, the crystallization of the positive electrode active material precursor powder becomes insufficient, so that a remaining amorphous phase serves as a high-resistance portion and, thus, the voltage characteristics and the charge and discharge capacities tend to decrease. Therefore, the time for the thermal treatment is preferably not less than one minute and particularly preferably not less than five minutes. Claim 1 is silent as to the thermal treatment of the positive electrode material. Further, the area rate of the solid electrolyte powder particles and the particle diameter of the area rate of the solid electrolyte powder particles further affect the positive electrode material capacity performance: [0067] (5) Characteristics of Positive Electrode Material Layer [0068] The positive electrode material layer obtained in the above manner preferably has the following characteristics. [0069] The positive electrode material for an electricity storage device according to the present invention preferably contains a solid electrolyte and a positive electrode active material and has a matrix-domain structure formed of the positive electrode active material as a matrix component and the solid electrolyte as a domain component. In this relation, when a cross section of the positive electrode material layer is observed with FESEM-EDX (a field emission-type scanning electron microscope with an energy dispersive X-ray spectrometer), the number of solid electrolyte powder particles having a particle diameter of 0.5 μm or less in a 1 μm×1 μm view area is preferably 2/μm.sup.2 or more and particularly preferably 4/μm.sup.2 or more. Thus, an ion-conducting path is more likely to be formed in the positive electrode material layer, so that the discharge capacity can be increased. If the number of solid electrolyte powder particles having a particle diameter of 0.5 μm or less in a 1 μm×1 μm view area is too large, the rate of the positive electrode active material in the positive electrode material layer becomes relatively small, so that the discharge capacity may decrease. Therefore, the upper limit thereof is preferably not more than 30/μm.sup.2 and particularly preferably not more than 20/μm.sup.2. [0070] Alternatively, when the cross section of the positive electrode material layer is observed with FESEM-EDX, the area rate of solid electrolyte powder particles having a particle diameter of 0.5 μm or less in a 1 μm×1 μm view area is preferably 10% or more and particularly preferably 15% or more. Thus, an ion-conducting path is more likely to be formed in the positive electrode material layer, so that the discharge capacity can be increased. If the area rate of solid electrolyte powder particles having a particle diameter of 0.5 μm or less in a 1 μm×1 μm view area is too large, the rate of the positive electrode active material in the positive electrode material layer becomes relatively small, so that the discharge capacity may decrease. Therefore, the upper limit thereof is preferably not more than 60% and particularly preferably not more than 50%. Claim 1 is silent as to the area rate and the area rate particle size of the positive electrode material. It is unclear if there exists a lower limit as to the crystalline temperature required to achieve unexpected results: [0036] The crystallization temperature of the positive electrode active material precursor powder is 490° C. or lower, preferably 470° C. or lower, and particularly preferably 450° C. or lower. If the crystallization temperature of the positive electrode active material precursor powder is too high, it is necessary to thermally treat the raw material at a high temperature in order to crystallize the positive electrode active material precursor powder. In addition, the time for the thermal treatment (the holding time at a maximum temperature) may be long. As a result, the positive electrode active material precursor powder particles excessively fuse together during the thermal treatment and, thus, coarse particles are formed, so that the specific surface area of the positive electrode active material tends to be small and the charge and discharge characteristics tend to decrease. In addition, in the case of an all-solid-state cell, the positive electrode active material precursor powder and the solid electrolyte powder react with each other during the thermal treatment and, thus, crystals not contributing to charge and discharge (such as maricite NaFePO.sub.4 crystals) precipitate, so that the charge and discharge capacities may decrease. Alternatively, elements contained in the positive electrode active material precursor powder and elements contained in the solid electrolyte mutually diffuse during the thermal treatment, so that a high-resistance layer is partially formed and, thus, the rate characteristics of the all-solid-state cell may decrease. The lower limit of the crystallization temperature of the positive electrode active material precursor powder is not particularly limited, but it is, actually, preferably not lower than 300° C. and more preferably not lower than 350° C. Also, Table 1 does not show unexpected results in the entire ranges of the crystallization temperature of the positive electrode active material precursor powder of 490 C or lower, the solid electrolyte powder average particle diameter of 0.05 to 0.4 um, and the positive electrode active material precursor powder average particle diameter of 0.01 to 0.3 um as claimed, but merely shows only a couple of points for each range as claimed. Applicant has not shown superior results of the entirety of the ranges as claimed, compared to ranges outside the claimed range. Applicant has not shown unexpected results the positive electrode material as claimed in claim 1. Hence, Applicant’s assertion of unexpected results is not persuasive, and the rejection is maintained. Conclusion THIS ACTION IS MADE FINAL. 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 CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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Prosecution Timeline

Show 3 earlier events
Mar 26, 2025
Final Rejection mailed — §103
Jun 18, 2025
Response after Non-Final Action
Jul 07, 2025
Request for Continued Examination
Jul 09, 2025
Response after Non-Final Action
Nov 21, 2025
Non-Final Rejection mailed — §103
Mar 19, 2026
Response after Non-Final Action
Mar 19, 2026
Response Filed
May 13, 2026
Final Rejection mailed — §103 (current)

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5-6
Expected OA Rounds
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71%
With Interview (-0.6%)
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