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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01-28-2026 has been entered.
Response to Amendment
Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-10 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.
Claim Rejections - 35 USC § 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) 1-4 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/044205 A1 [English equivalent US 2020/0185712] hereinafter Hiratsuka in view of U.S. Pre-Grant Publication No. 2018/0159127 hereinafter Kurita.
Regarding Claim 1-4 and 6-7, Hiratsuka teaches a positive electrode active material for non-aqueous electrolyte secondary battery (paragraph 15), the positive electrode active material comprising a lithium transition metal oxide having a layered structure (paragraphs 22, 29), wherein the lithium transition metal oxide is represented by LiaNixM(1-x)O2 [M includes cobalt (Co) and manganese (Mn); (0.95≤a≤1.2, 0.3≤x<1.0)] (paragraph 22).
Hiratsuka further teaches that the average particle diameter of the primary particles is in a range of 0.5 to 2 µm, preferably, for example, in a range of 1 to 2 µm from the viewpoint of further improving the output of the non-aqueous electrolyte secondary battery. The shape of the primary particles is not particularly limited, and is, for example, an ellipsoidal shape or a rod shape. The aspect ratio, i.e., the ratio between the minor diameter and the major diameter of the primary particle (major diameter/minor diameter), is preferably 1.5 or more from the viewpoint of further suppressing degradation of the charge/discharge cycle characteristics of the non-aqueous electrolyte secondary battery (paragraph 23).
In addition, Kurita teaches a positive electrode active material for a lithium secondary battery, wherein the positive electrode active material comprises lithium transition metal oxide having a layered structure and represented by the composition formula: Li[Lix(NiαCoβMnγMδ)1-x]O2 (paragraph 21). Therefore, it would have been obvious to one of ordinary skill in the art to form such lithium transition metal oxide before the effective filing date of the claimed invention because Kurita discloses that such positive electrode material can pressurized to improve electrode density (paragraphs 17-21).
Alternatively, MPEP § 2112.01 teaches that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
Because the claimed positive electrode material is substantially similar to that of the prior art and are produced by substantially identical method, the claimed properties or functions are presumed to be inherent.
Regarding Claims 8-10, the combination teaches a lithium-ion battery comprising the positive electrode material as described above (paragraph 17 of Hiratsuka).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2012/0258365 teaches positive electrode active material comprising a lithium transition metal oxide having a layered structure and aspect ratio of 1 to 20 (paragraph 66).
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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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752