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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/2025 has been entered.
Response to Remarks
The remarks filed on 10/21/2025 in the Response After Final Action have been acknowledged and as explained in the Advisory Action dated 10/30/2025 were found persuasive over the previous prior art rejection of record. However, in light of the amendments a new search was conducted and new prior art identified that renders the previous arguments moot.
Summary
This is a continued examination non-final office action for application 17/794,860 in response to the request for continued examination filed on 11/24/2025. Claims 1-2 and 4-7 are under examination.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application Nos. PCT/JP2021/001386 filed on 01/18/2021 and JP2020-015152 filed on 01/31/2020.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 07/22/2022 and 12/05/2023 are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: Tables 1-4 on pages 22-25 of the instant specification are unreadable.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claims 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et al. (US-20080248385-A1) and further in view of Takamori (JP-6600734-B1), US-20220029158-A1 is being used as an equivalent translation and referenced below.
Regarding Claim 1, Matsumura discloses a positive electrode for a non-aqueous electrolyte secondary battery (see e.g. "positive electrode" in paragraph [0031] and part number 13 in FIG. 1) comprising:
a core (see e.g. "a collector" in paragraph [0032] and part number 13a in FIG. 2) and
a mixture layer formed on a surface of the core (see e.g. "active material layers 13 b disposed on both the surfaces of the collector 13 a." in paragraph [0032] and part number 13b in FIG. 2), and
the core contains Mg (see e.g. "the collector may include a layer formed of an alloy of aluminum and the at least one element. For example, it may include a layer formed of an alloy such as an aluminum-magnesium alloy" in paragraph [0015]), and a content of Mg is 20 mass% (see e.g. "a positive electrode collector was produced by the same method as in Example 1 except that the content of magnesium was 20.0 wt. %" in paragraph [0054]).
Matsumura discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Matsumura is silent as to the thermal conductivity of the core and thus does not explicitly disclose that the core has a thermal conductivity X of 50 to 130 W/m-K (25°C).
Matsumura, however, discloses a core that has no structural or compositional distinction to what is claimed by the instant application (see e.g. "An example of preferable metal foils is a metal foil composed of an Al-MG-based alloy mainly composed Al or Mg (for example, a solid solution of Al and Mg and a solid solution of Al and Mg partially containing Al3Mg2). The main component herein means a component having the highest mass rate. In a positive electrode core 21 containing Al, the Al content may be 5 to 95 mass%. In a positive electrode core 21 containing Mg, the Mg content may be 1.5 to 90 mass%." in paragraph [0023] of the instant application and Examples 1-4 in Table 1 of Matsumura). Because of this it would be expected that the property of thermal conductivity would be inherent to the core disclosed by Matsumura and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I).
Matsumura does not disclose that the mixture layer includes a positive electrode active material containing, as a main component, a lithium-transition metal composite oxide in which a proportion of Ni based on a total number of moles of metal elements excluding Li is 70 mol% or more.
Takamori, however, in the same field of endeavor, lithium metal composite oxides to be used as positive electrode active materials, discloses a positive electrode active material containing, as a main component, a lithium-transition metal composite oxide in which a proportion of Ni based on a total number of moles of metal elements excluding Li is 87.3 mol% (see e.g. "the lithium metal composite oxide is represented by a compositional formula (1) shown below... Li[Lix(Ni(1-y-z-w)CoyMnzMw)1-x]O2" in paragraph [009] and Example 1 in Table 1; Example 1 in table 1 discloses x = 0.03, y = 0.07, z = 0.02, w = 0.01 and M = Al thus this discloses a lithium-transition metal composite oxide in the form Li1.03(Ni0.90Co0.07Mn0.02Al0.01)0.97O2) and thus a proportion of Ni based on a total number of moles of metal elements excluding Li is 0.90*.97 = 0.873 * 100 = 87.3 mol%).
Takamori discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Takamori also provides examples of a lithium metal composite oxide particles used as a positive electrode active material in a positive electrode of a lithium secondary battery that has a high volumetric capacity density and superior 50-cycle volumetric capacity density (see e.g. Examples 1 in Table 2 and paragraph [0255] of Takamori). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the mixture layer formed on the surface of the core discloses by Matsumura et al. such that it includes a positive electrode active material containing, as a main component, a lithium-transition metal composite oxide in which a proportion of Ni based on a total number of moles of metal elements excluding Li is 87.3 mol% as taught by Takamori in order to have a positive electrode of a lithium secondary battery with high volumetric capacity density and superior 50-cycle volumetric capacity density as suggested by Takamori.
Regarding Claim 2, Matsumura in view of Takamori discloses the positive electrode for a non-aqueous electrolyte secondary battery according to claim 1 (see e.g. claim 1 rejection above).
Matsumura in view of Takamori further disclose an upper limit Y1 and a lower limit Y2 of a median value Y in a circularity distribution of the lithium-transition metal composite oxide with respect to the thermal conductivity X of the core satisfy conditions of the following (Formula 1) and (Formula 2), respectively :
(Formula 1) Y1 = 0.9322(X^-0.987)(Formula 2) Y2 = 0.1613(X^-0.746)-0.0005.
(see e.g. FIGS. 2A-2V and paragraph [0090] of Takamori; Takamori et al. further discloses lithium-transition metal composite oxide particles that have no structural or compositional distinction to the particles claimed by the instant application and these particles can be produced to fall within the upper and lower circularity limit as claimed by the instant application in paragraph [0050]).
Regarding Claim 4, Matsumura in view of Takamori discloses the positive electrode for a non-aqueous electrolyte secondary battery according to claim 1 (see e.g. claim 1 rejection above).
Matsumura in view of Takamori further disclose that the lithium-transition metal composite oxide includes single particles each constituted by one primary particle or constituted by aggregation of not more than five primary particles (see e.g. " lithium metal composite oxide composed of secondary particles that are aggregates of primary particles, and single particles that exist independently from the secondary particles" in paragraph [0190] of Takamori; Takamori et al. further discloses lithium-transition metal composite oxide particles that have no structural or compositional distinction to the particles claimed by the instant application and that these particles can be produced to include single particles each constituted by one primary particle or constituted by aggregation of not more than five primary particles as claimed by the instant application in paragraph [0050]).
Regarding Claim 5, Matsumura in view of Takamori discloses the positive electrode for a non-aqueous electrolyte secondary battery according to claim 4 (see e.g. claim 4 rejection above).
Matsumura in view of Takamori further discloses that the lithium-transition metal composite oxide is composed of secondary particles that are aggregates of primary particles, and single particles that exist independently from the secondary particles (see e.g. " lithium metal composite oxide composed of secondary particles that are aggregates of primary particles, and single particles that exist independently from the secondary particles" in paragraph [0190] of Takamori); the secondary particles which are aggregated primary particles (average particle size of less than 0.5 µm) have a smaller particle diameter than the primary particles of the single particles (average particle size of at least 0.5 µm) (see e.g. paragraphs [0021] - [0023] of Takamori) and
a mass ratio between the single particles and the secondary particles is 1:99 to 60:40 (see e.g. "In other words, the abundance ratio of single particles:secondary particles is preferably within a range from 1/99 to 60/40. The abundance ratio represents the mass ratio between the particles." in paragraph [0072] of Takamori; Takamori et al. further discloses lithium-transition metal composite oxide particles that have no structural or compositional distinction to the particles claimed by the instant application and that these particles can be produced to include secondary particles that are aggregates of primary particles, and single particles that exist independently from the secondary particles; the secondary particles which are aggregated primary particles having a smaller particle diameter than the primary particles of the single particles and a mass ratio between the single particles and the secondary particles is 1:99 to 60:40s as claimed by the instant application in paragraphs [0032]-[0035] and [0050]).
Regarding Claim 6, Matsumura in view of Takamori discloses the positive electrode for a non-aqueous electrolyte secondary battery according to claim 1 (see e.g. claim 1 rejection above).
Matsumura in view of Takamori further disclose that the lithium-transition metal composite oxide is of single particles (see e.g., “lithium metal composite oxide composed of secondary particles that are aggregates of primary particles, and single particles that exist independently from the secondary particles” in paragraph [0190] of Takamori), where the single particles include first single particles having a circularity of 0.9 or higher and second single particles having a circularity of lower than 0.9 (see e.g., FIG. 2B of Takamori; FIG. 2B of Takamori provides a circularity distribution of the lithium-transition metal composite oxide single particles, this distribution shows single particles with a circularity of 0.9 and higher as well as single particles with a circularity lower than 0.9).
While Matsumura in view of Takamori does not explicitly quantify the mass ratio between the first single particles (circularity ≥ 0.9) and the second single particles (circularity < 0.9), the circularity distribution in FIG. 2B implicitly reflects the relative abundance of these particle types. A person of ordinary skill in the art, observing this distribution, would recognize that the mass ratio of first to second single particles corresponds to the relative proportions of particles above and below the 0.9 circularity threshold, as depicted by the areas under the distribution curve. Based on the shape and spread of the distribution in FIG. 2B, it would be apparent to a person of ordinary skill in the art that the fraction of single particles with a circularity ≥ 0.9 exceeds 20% of the total single particle population, while the fraction with a circularity < 0.9 constitutes the remainder. This distribution inherently suggests a mass ratio of first to second single particles within the claimed range of 2:8 to 6:4.
Regarding Claim 7, Matsumura in view of Takamori discloses a non-aqueous electrolyte secondary battery (see e.g. "nonaqueous electrolyte secondary battery" in paragraph [0012] of Matsumura), comprising:
the positive electrode according to claim 1 (see e.g. claim 1 rejection above);
a negative electrode (see e.g. "a negative electrode" in paragraph [0031] and part number 14 in FIG. 1 of Matsumura);
a separator interposed between the positive electrode and the negative electrode (see e.g. "a separator" in paragraph [0031] and part number 15 in FIG. 2 of Matsumura); and
a non-aqueous electrolyte (see e.g. "a nonaqueous electrolyte" in paragraph [0031] of Matsumura).
Conclusion
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/J.J.E./Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723