DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Summary
This is the second Office Action based on Application 17/834,838 and is in response to Applicant Arguments/Remarks filed 04/06/2026.
Claims 16, 18, 19, 33, 36, 37, 39, and 40 have been amended. All amendments have been entered. Claims 16, 18-20, 22-25, 27, 29, and 32-41 are currently pending and have been fully considered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 33, 37, and 39-41 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 33 recites the limitation “… wherein the positive active material is selected form the group consisting of … Li(LiNiMnCo).” However the specification as originally filed does not support this compound. Page 3 of the present application specification recites “Li(LiaNixMnyCoz)”. There is no support for a, x, y, and z all equaling 1. Therefore this amendment is more specific than what is supported by the specification as originally filed.
Claim 37 recites the limitation “… wherein the electrode material comprises … Li(LiNiMnCo).” However the specification as originally filed does not support this compound. Page 3 of the present application specification recites “Li(LiaNixMnyCoz)”. There is no support for a, x, y, and z all equaling 1. Therefore this amendment is more specific than what is supported by the specification as originally filed.
Claim 39 recites the limitation “… an anode material comprising … Li(LiNiMnCo).” However the specification as originally filed does not support this compound. Page 3 of the present application specification recites “Li(LiaNixMnyCoz)”. There is no support for a, x, y, and z all equaling 1. Therefore this amendment is more specific than what is supported by the specification as originally filed.
Allowable Subject Matter
Claims 16, 18-20, 22-25, 27, 29, 32, and 34-38 are allowed.
The following is an examiner’s statement of reasons for allowance: Applicant’s Arguments that YOSHIKAZU does not teach the amended limitation of the combined thickness of the current collector, and the first and second coating is between 625 microns and 1000 microns. Specifically YOSHIKAZU teaches a thickness of the electrode being between 5-400 microns. See the Applicant-Initiated interview summary filed 03/25/2026 and Applicant Arguments/Remarks filed 04/06/2026.
See also the Reasons for Allowance in the parent Application 16/288,859. Specifically that the prior art does not explicitly teach the average distance of 500 nm or less between adjacent particles of the conductive additive.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571)272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
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