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 5-9 of Remarks, filed 06-10-2026, with respect to the rejection(s) of claim(s) 1-4 and 6-10 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new ground(s) of rejection is made in view of the newly added claim 11.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 11 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding the recitation “…wherein in a cumulative frequency distribution curve of an equivalent spherical diameter of said primary particles, when the total cumulative volume is taken as 100% and a point at which a cumulative frequency reaches 50% is taken as SD50 from a side with a smaller equivalent spherical diameter, SD50 is 2.7 µm or more” Examiner submits that the spherical diameter [SD50] of 2.7 is only recorded in Example 1 (see Table 1) and the upper limit of the spherical diameter [SD50] is clearly 10 µm or less as shown in Applicant’s disclosure and Table 1. Therefore, Applicant’s claim of SD50 is 2.7 µm or more is clearly indefinite and fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Examiner recommends an amendment to claim 1 that incorporates the claimed subject matter of the spherical diameter [SD] which is more aligned with the data provided in Table 1 and supported by ranges disclosed in Applicant’s specification. Such claimed subject matter would support criticality of the particle morphology and improvement in battery characteristics.
Claims 2-4, 6-10, and 12 also rejected for being dependent on rejected claim 1.
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 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
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