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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment
In response to the amendment received on 8/06/2025:
Claims 1-4, 6-11, and 19-20 are pending in the current application. Claims 1-4, 6-11, and 19 are amended and Claims 5 and 12-18 are canceled.
The cores of the previous prior art-based rejections have been maintained and only reworded to reflect new claim limitations. All changes made to the rejection are necessitated by the amendment.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Response to Arguments
Applicant’s arguments filed 8/06/2025 have been fully considered. The arguments directed to the amended Claims 1 and 7 have been addressed in the rejection below.
Claim Rejections - 35 USC § 103
Claims 1-4, 6, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami et al. US-20180076489-A1 (hereinafter referred to as Mikami) in view of Oguni et al. US-20120328956-A1 (hereinafter referred to as Oguni).
Regarding Claim 1, Mikami discloses a secondary battery (power storage device) comprising a positive electrode comprising a positive electrode active material layer (see abstract and paragraphs [0014] and [0052]);
wherein the positive electrode active material layer comprising a first graphene layer 213, a second graphene layer (Mikami discloses multilayer graphene which would necessarily comprise at least a first and second layer), and a positive electrode active material 212 in Fig. 2 (see paragraphs [0010], [0055], [0058]-[0059], [0068]-[0069], [0133], and [0135]),
wherein the positive electrode active material comprises a positive electrode active material particle (active material in particle form) in Fig. 2 (see abstract and paragraphs [0009]-[0010] and [0066]),
wherein the first graphene layer 213 comprises a first region covering the positive electrode active material particle 212 (particles are in contact with the graphene layer 213) in Fig. 2 (see annotated Fig. 2 below) (see paragraphs [0055], [0058]-[0059], [0066], [0068], and [0148]),
wherein the second graphene layer comprises a second region covering the positive electrode active material particle 212 and a third region overlapping with the first region (plurality of sheets overlap) in Fig. 2 (see annotated Fig. 2 below) (see paragraphs [0066]- [0068]). Mikami specifically discloses the graphene layer 213 may contain a plurality of regions and be in the form of multilayer graphene (see paragraphs [0066]-[0068] and [0142]) and a skilled artisan is capable of designating these regions as is appropriate.
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Figure 1. Annotated Fig. 2 of Mikami
Mikami further discloses wherein the first region comprises a plane positioned between the positive electrode active material particle and the third region and formed of arranged six-membered carbon rings (see paragraphs [0066], [0132]-[0134] and [0148]). Mikami specifically discloses that graphene is composed of six-membered rings and arranged on a plane (see paragraphs [0132]-[0134] and [0148]), and a skilled artisan would understand that, since the first region is made of graphene in contact with the positive electrode active material (see paragraph [0066]), it would comprise a plane between the positive electrode active material. A skilled artisan would further understand since the third region is made of graphene that it would be formed of arranged six-membered rings.
Mikami further discloses wherein the positive electrode active material particle comprises a fourth region with a lithium layer (a composite oxide of LiCoO2 contains lithium) with a layered rock-salt structure (see paragraph [0097]). Mikami is not specific on designating the region as the fourth region but it is within the ambit a person having ordinary skill in the art to designate regions for their positive electrode active material.
Mikami is silent on the second graphene layer comprising a second region covering the positive electrode active material particle and not overlapping with the first region and the lithium layer with a layered rock-salt structure of the fourth region being substantially perpendicular to the plane formed of six-membered carbon rings of the second region.
However, in the same field of endeavor of layered graphene in positive electrode active material layers (see paragraph [0011]), Oguni discloses a positive electrode active material layer comprising a first graphene layer 323, a second graphene layer (layer on top of 323), and a positive electrode active material particle 309 (plurality of particles in positive electrode active material) in Figs. 3B and 3C (see paragraph [0085]),
wherein the first graphene layer 323 comprises a first region covering the positive electrode active material particle 309 (graphene covers surfaces of the plurality of particles of the positive electrode active material) in Figs. 3B and 3C (see paragraph [0085]),
wherein the second graphene layer comprises a second region covering the positive electrode active material particle and not overlapping with the first region and a third region overlapping with the first region in Figs. 3B and 3C (see annotated Fig. 3C below) (see paragraphs [0036], [0085], and [0088]).
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Figure 2. Annotated Fig. 3C of Oguni
Oguni additionally discloses the structure of the graphene covers the surface of particles while also leaving some of the particles exposed, which results in the graphene maintaining the bond between the positive electrode active materials as well as function as a conductive additive (see paragraphs [0020]-[0021], [0023], [0085], [0088], and [0091]-[0092]). As such, a skilled artisan would find this to be an appropriate arrangement for the graphene sheets of Mikami, who discloses the graphene sheets may be partly in contact with the active materials and each other (see paragraphs [0066]-[0068] of Mikami).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Mikami wherein the second graphene layer comprises a second region covering the positive electrode active material particle and not overlapping with the first region, as disclosed by Oguni, in order to maintain the bond between the positive electrode active materials as well as function as a conductive additive.
Oguni further discloses wherein the first region comprises a plane (graphene contains six-membered carbon rings connected in the planar direction) positioned between the positive electrode active material (graphene covers active material) and the third region and formed of arranged six-membered carbon rings (see paragraphs [0038] and [0085]),
wherein a lithium layer (positive electrode active material layer formed of a lithium compound) is substantially perpendicular to the plane formed of six-membered carbon rings (see paragraphs [0011], [0024], and [0081).
Oguni specifically discloses the graphene can transfer ions in the parallel and perpendicular plane of the graphene, allowing an increase in the amount of active materials in the positive electrode active material layer in a positive electrode of a power storage device (see paragraphs [0024] and [0050]), which a skilled artisan would understand means active materials in the positive electrode active material layer may be positioned both in the parallel and perpendicular direction to the graphene.
A skilled artisan would be capable of using the teaching from Oguni to make the lithium layer with a layered rock-salt structure (an active material) disclosed by Mikami substantially perpendicular to the plane formed of six-membered carbon rings of the second region to increase ion transfer of the lithium ions (as Mikami discloses using a Li-ion battery (see paragraphs [0003] and [0146])).
Oguni additionally discloses ion transfer in both the parallel and perpendicular plane of the graphene increases the reliability and durability of the power storage device (see paragraph [0024]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Mikami wherein the lithium layer with a layered rock-salt structure of the fourth region is substantially perpendicular to the plane formed of six-membered carbon rings of the second region, as disclosed by Oguni, in order to increase the reliability and durability of the power storage device.
Regarding Claim 2, modified Mikami discloses the secondary battery according to claim 1 (see rejection of claim 1 above). Mikami further discloses the fourth region is a region comprising a surface of the positive electrode active material particle (see paragraph [0097]).
Regarding Claim 3, modified Mikami discloses the secondary battery according to claim 1 (see rejection of claim 1 above).
Mikami is silent on the fourth region being positioned in a range whose distance from a surface of the positive electrode active material particle is shorter than 30 nm.
However, Oguni discloses the thickness of the multilayer graphene being about 6.8 nm, with about 17 layers of graphene (see paragraph [0135]). Oguni also discloses the plurality of positive electrode active materials are in contact with the multilayer graphene (see paragraph [0021]), so the fourth region containing the lithium layer (which a skilled artisan would recognize is an active material) would be around the same thickness so it could be in contact with the graphene layers, making its range from the surface of the positive electrode active material about 6.8 mm.
As such, the range of the fourth region (which is analogous to the lithium layer) has distance from a surface of the positive electrode active material of about 6.8 mm falls within and therefore anticipates the claimed range of the fourth region being positioned in a range whose distance from a surface of the positive electrode active material particle (located in the positive electrode active material) is shorter than 30 nm.
Oguni further discloses an appropriate thickness prevents cracks and separation (see paragraph [0089]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Mikami wherein the fourth region is positioned in a range whose distance from a surface of the positive electrode active material particle is shorter than 30 nm, as disclosed by Oguni, in order to prevent cracks and separation.
Regarding Claim 4, modified Mikami discloses the positive electrode active material layer according to claim 1 (see rejection of claim 1 above). Mikami further discloses the first graphene layer and the second graphene layer are reduced graphene oxide layers (see paragraphs [0140] and [0144]).
Regarding Claim 6, modified Mikami discloses the positive electrode active material layer according to claim 1 (see rejection of claim 1 above). Mikami further discloses the positive electrode active material comprises lithium, nickel, cobalt, manganese, magnesium, oxygen, and fluorine (see paragraphs [0111]-[0112], [0114] and [0122]). Mikami specifically discloses the active material particles may contain different regions of different compositions in Figs. 5A and 5B (see paragraph [0114]-[0116]). Mikami also discloses using a lithium manganese composite oxide (which would include oxygen) that can further contain cobalt, nickel, and magnesium for the positive electrode active material (see paragraphs [0111]-[0112]) and a region 333 with a metal fluoride (which would contain fluorine) in Figs. 5A and 5B (see paragraph [0122]).
Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding Claim 19, modified Mikami discloses the secondary battery according to claim 1 (see rejection of claim 1 above). Mikami further discloses a vehicle (automobile) 8400 comprising the secondary battery described in the aforementioned claim 1, an electric motor 8406, and a control device (power storage device), wherein the control device is configured to supply power from the secondary battery to the electric motor in Fig. (see paragraphs [0302] and [0347]).
Claims 7-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami in view of Oguni and Ochiai et al. US-20180013130-A1 (hereinafter referred to as Ochiai).
Regarding Claim 7, Mikami discloses a secondary battery (power storage device) comprising a positive electrode comprising a positive electrode active material layer (see abstract and paragraphs [0014] and [0052]);
wherein the positive electrode active material layer comprises a first graphene layer 213, a second graphene layer (Mikami discloses multilayer graphene which would necessarily comprise at least a first and second layer), and a positive electrode active material 212 in Fig. 2 (see paragraphs [0010], [0055], [0058]-[0059], [0068]-[0069], [0133], and [0135]),
wherein the positive electrode active material comprises a positive electrode active material particle (plurality of particles in active material) in Fig. 2 (see abstract and paragraphs [0009]-[0010] and [0066]),
wherein the first graphene layer 213 comprises a first region covering the positive electrode active material particle 212 (particles are in contact with the graphene layer 213) in Fig. 2 (see annotated Fig. 2 below) (see paragraphs [0055], [0058]-[0059], [0066], [0068], and [0148]),
wherein the second graphene layer comprises a second region covering the positive electrode active material particle 212 and a third region overlapping with the first region (plurality of sheets overlap) in Fig. 2 (see annotated Fig. 2 below) (see paragraphs [0066]-[0068]). Mikami specifically discloses the graphene layer 213 may contain a plurality of regions and be in the form of multilayer graphene (see paragraphs [0066]-[0068] and [0142]) and a skilled artisan is capable of designating these regions as is appropriate.
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Figure 3. Annotated Fig. 2 of Mikami
Mikami further discloses wherein the first region comprises a plane positioned between the positive electrode active material particle and the third region and formed of arranged six-membered carbon rings (see paragraphs [0132]-[0134] and [0148]). Mikami specifically discloses that graphene is composed of six-membered rings and arranged on a plane (see paragraphs [0132]-[0134] and [0148]), and a skilled artisan would understand that, since the first region is made of graphene on the positive electrode active material (see paragraph [0066]), it would comprise a plane between the positive electrode active material. A skilled artisan would further understand since the third region is made of graphene that it would be formed of arranged six-membered rings.
Mikami additionally discloses the positive electrode active material particle comprises a fourth region with a crystal structure of lithium cobalt oxide (LiCoO2) that is a layered rock-salt structure (see paragraph [0097]). A skilled artisan would be capable of choosing and designating a region for this electrode active material, such as a fourth region.
Mikami is silent on the second graphene layer comprising a second region covering the positive electrode active material particle and not overlapping with the first region and the plane formed of six-membered carbon rings of the second graphene layer and a (104) plane of the crystal structure of the fourth region comprising regions substantially parallel to each other.
However, in the same field of endeavor of layered graphene in positive electrode active material layers (see paragraph [0011]), Oguni discloses a positive electrode active material layer comprising a first graphene layer 323, a second graphene layer (layer on top of 323), and a positive electrode active material particle 309 in Figs. 3B and 3C (see paragraph [0085]),
wherein the first graphene layer 323 comprises a first region covering the positive electrode active material particle 309 (graphene covers surfaces of the plurality of particles of the positive electrode active material) in Figs. 3B and 3C (see paragraph [0085]),
wherein the second graphene layer comprises a second region covering the positive electrode active material particle and not overlapping with the first region and a third region overlapping with the first region in Figs. 3B and 3C (see annotated Fig. 3C below) (see paragraphs [0036], [0085], and [0088]).
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Figure 4. Annotated Fig. 3C of Oguni
Oguni additionally discloses the structure of the graphene covers the surface of particles while also leaving some of the particles exposed, which results in the graphene maintaining the bond between the positive electrode active materials as well as function as a conductive additive (see paragraphs [0020]-[0021], [0023], [0085], [0088], and [0091]-[0092]). As such, a skilled artisan would find this to be an appropriate arrangement for the graphene sheets of Mikami, who discloses the graphene sheets may be partly in contact with the active materials and each other (see paragraphs [0066]-[0068]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Mikami wherein the second graphene layer comprises a second region covering the positive electrode active material particle and not overlapping with the first region, as disclosed by Oguni, in order to maintain the bond between the positive electrode active materials as well as function as a conductive additive.
Oguni further discloses the graphene can transfer ions in the parallel and perpendicular plane of the graphene, allowing an increase in the amount of active materials in the positive electrode active material layer in a positive electrode of a power storage device (see paragraphs [0024] and [0050]), which a skilled artisan would understand means active materials in the positive electrode active material layer may be positioned both in the parallel and perpendicular direction to the graphene.
A skilled artisan would be capable of using the teaching from Oguni to make the lithium layer with a layered rock-salt structure (an active material) disclosed by Mikami substantially parallel to the plane formed of six-membered carbon rings of the third region to increase ion transfer of the lithium ions (as Mikami discloses using a Li-ion battery (see paragraphs [0003] and [0146])).
Oguni additionally discloses ion transfer in both the parallel and perpendicular plane of the graphene increases the reliability and durability of the power storage device (see paragraph [0024]).
Additionally, in the same field of endeavor of positive electrode active materials with rock-salt crystal structures (see paragraph [0016]), Ochiai discloses crystal orientations of compounds with rock-salt crystal structures in different layers should be partly aligned (topotaxy) with each other (see paragraphs [0112], [0016], [0019], [0108], [0110]). Ochiai is not specific on a (104) plane of the crystal structure being aligned but a skilled artisan would understand the (104) plane would be a plane in a rock-salt crystal structure.
In combination with the teachings of Oguni and Mikami, a skilled artisan would align the crystal planes parallel in order to increase ion transfer with the graphene layers.
Ochiai additionally discloses lithium cobalt oxide with a rock-salt layered crystalline phase belonging to an R-3m space group in Fig. 2A (see paragraphs [0110] and [0165]).
Ochiai further discloses this structure and topotaxy can suppress changes of the crystal structure of the positive electrode active material generated by charging and discharging (see abstract and paragraph [0112]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Mikami wherein the plane formed of six-membered carbon rings of the second graphene layer and a (104) plane of the crystal structure of the fourth region comprise regions substantially parallel to each other and wherein the crystal structure of lithium cobalt is represented by a space group R-3m, as disclosed by Oguni and Ochiai, in order to increase the reliability and durability of the power storage device and suppress changes of the crystal structure of the positive electrode active material generated by charging and discharging.
Regarding Claim 8, modified Mikami discloses the secondary battery according to claim 7 (see rejection of claim 7 above). Mikami further discloses the fourth region is a region comprising a surface of the positive electrode active material particle (see paragraph [0097]).
Regarding Claim 9, modified Mikami discloses the secondary battery according to claim 7 (see rejection of claim 7 above).
Mikami is silent on the fourth region being positioned in a range whose distance from a surface of the positive electrode active material particle is shorter than 30 nm.
However, Oguni discloses the thickness of the multilayer graphene being about 6.8 nm, with about 17 layers of graphene (see paragraph [0135]). Oguni also discloses the plurality of positive electrode active materials are in contact with the multilayer graphene (see paragraph [0021]), so the fourth region containing the lithium layer (which a skilled artisan would recognize is an active material) would be around the same thickness so it could be in contact with the graphene layers, making its range from the surface of the positive electrode active material about 6.8 mm.
As such, the range of the fourth region (which is analogous to the lithium layer) has distance from a surface of the positive electrode active material of about 6.8 mm falls within and therefore anticipates the claimed range of the fourth region being positioned in a range whose distance from a surface of the positive electrode active material is shorter than 30 nm.
Oguni further discloses an appropriate thickness prevents cracks and separation (see paragraph [0089]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Mikami wherein the fourth region is positioned in a range whose distance from a surface of the positive electrode active material is shorter than 30 nm, as disclosed by Oguni, in order to prevent cracks and separation.
Regarding Claim 10, modified Mikami discloses the secondary battery according to claim 7 (see rejection of claim 7 above). Mikami further discloses the first graphene layer and the second graphene layer are reduced graphene oxide layers (see paragraphs [0140] and [0144]).
Regarding Claim 11, modified Mikami discloses the secondary battery according to claim 7 (see rejection of claim 7 above). Mikami further discloses the positive electrode active material comprises lithium, nickel, cobalt, manganese, magnesium, oxygen, and fluorine (see paragraphs [0111]-[0112], [0114] and [0122]). Mikami specifically discloses the active material particles may contain different regions of different compositions in Figs. 5A and 5B (see paragraph [0114]-[0116]). Mikami also discloses using a lithium manganese composite oxide (which would include oxygen) that can further contain cobalt, nickel, and magnesium for the positive electrode active material (see paragraphs [0111]-[0112]) and a region 333 with a metal fluoride (which would contain fluorine) in Figs. 5A and 5B (see paragraph [0122]).
Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding Claim 20, modified Mikami discloses the secondary battery according to claim 7 (see rejection of claim 7 above). Mikami further discloses a vehicle (automobile) 8400 comprising the secondary battery described in the aforementioned claim 7, an electric motor 8406, and a control device (power storage device), wherein the control device is configured to supply power from the secondary battery to the electric motor in Fig. (see paragraphs [0302] and [0347]).
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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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729