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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/6/2025 has been entered.
Claim Status
This Office action is responsive to amendments and remarks filed on 10/6/2025.
Claim 1 has been amended.
Claims 5-7 have been cancelled.
Claims 1-4, and 8-12 are currently pending.
Response to Arguments
Applicant's arguments filed 10/6/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the arguments on pages 9-10 that the method of manufacture is different according to the specification without distinctly pointing out how the claimed product is novel over the prior art.) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments with respect to claim 1 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 § 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.
Claim 1 is 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.
Regarding claim 1. The examiner cannot find support for the amended term "where the (100- β) is greater than the β."
Regarding claims 2-12, the dependent claims are rejected as being dependent on a rejected base claim.
Claim Objections
Claim 12 is objected to because of the following informalities: Claim 12 is dependent on claim 5, a cancelled claim. For examination purposes the claim will be treated as if it is dependent on claim 1.
Appropriate correction is required.
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.
Claims 1-4, and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190267621 A1, LEE et al., in view of US 20220238862 A1, HIGUCHI et al.
Regarding claim 1. LEE teaches a positive electrode [title] for a lithium ion secondary battery [abstract] comprising a positive electrode current collector and a positive electrode mixture layer formed on one surface or both surfaces of the positive electrode current collector [0014], wherein
the positive electrode mixture layer comprises
a first positive electrode active material which is a lithium composite oxide with a layered structure [0049],
a second positive electrode active material which is a polyanionic compound with an olivine type structure [0033]
conductive agent [0015], and a binder [0045],
LEE [0041] teaches a weight percent for the first active material layer between 10-90 wt% and 40-98.9 wt % for the second active material. For example, if β=40 then γ=0.67 and if β=30 then γ=0.43 which is within the limitations. These examples also meet the limitation where the (100- β) is greater than the β
LEE does not teach the positive electrode mixture layer has a single layer structure and an average secondary particle diameter of the first positive electrode active material is r1, and an average secondary particle diameter of the second positive electrode active material is r2, a relationship r1> r2 is satisfied, the average secondary particle diameter (r1) of the first positive electrode active material being 9 µm or more and 15 µm or less and the average secondary particle diameter (r2) of the second positive electrode active material being 2 µm or more and 8 µm or less, and
HIGUCHI teaches a non-aqueous electrolyte secondary battery comprising a first positive electrode active material having a diameter of r1, and a secondary particle having a diameter of r2, in a relationship wherein r1 > r2. HIGUCHI specifically [0112] teaches the first diameter to be 2 μm to 6 μm and the second particle diameter to be 15 μm to 20 μm, thereby satisfying r1 > r2.
HIGUCHI further teaches [0004] “forming a positive electrode active material as a mixture of large particles and small particles is considered, for example. With the small particles thus mixed, the reaction area of the positive electrode active material is increased. With the reaction area thus increased, lithium (Li) ion insertion reaction may be facilitated. That is, output properties are expected to be enhanced.”
HIGUCHI [0021] discloses the average secondary particle diameter (r1) of the first positive electrode active material is 9 µm or more and 15 µm or less
HIGUCHI [0021] discloses 15 -20µm, for r1 and the average secondary particle diameter (r2) of the second positive electrode active material is smaller than r1( 2-6 µm).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used 9-15 µm as the claimed range as claimed in the instant application in order to increase the reaction area taught by HIGUCHI.
As to LEE not teaching the single layer structure on the positive electrode it is held the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
LEE teaches the same active materials within the same weight percent wherein the γ=0.43 which is within the alleged critical range of 0.33 and 0.84 taught by the applicant.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined the two positive active materials disclosed by LEE with the particle sizes taught by HIGUCHI in order to increase the reaction area of the positive electrode active materials.
Regarding claim 2. Modified LEE discloses the positive electrode for the lithium ion secondary battery of claim 1, wherein the lithium composite oxide with a layered structure which is the first positive electrode active material (LEE refers to this as the second active material) is represented by a general formula LiaM1O2, where M1 is one or more transition metals selected from the group consisting of Co, Ni, Mn, and Al, and a is 0.9 ≤ a ≤ 1.1. LEE discloses [0049] “The second positive electrode active material layer may include a layer-structured second positive electrode active material with high-capacity characteristics represented by Formula 2.
[Formula 2]: Li1+x(NiaCobM′c)1−xO2 [0050] In Formula 2, M′ is at least one element selected from the group consisting of Mn, Al, Ti, Ga, Cu, V, Nb, Zr, Ce, In, Zn, and Y, 0<a<1, 0<b<1, 0<c<1, and −0.1≤x≤0.2.
If x=0, a=0.5, b=0.2, c=0.3 and M’= Mn then
(example 1 of the instant speciation LiNi-0.5Co0.2Mn0.3O2 would be true) meeting the limitation of claim 2
Regarding claims 3 and 4. Modified LEE discloses the positive electrode for the lithium ion secondary battery of claim 1 (and claim 2 for the case of claim 4), wherein the polyanionic compound with an olivine type structure which is the second positive electrode active material is represented by a general formula LibM2PO4, where M2 is one or more transition metal selected from the group consisting of Fe and Mn, and 0.9 ≤ b ≤ 1.1. LEE teaches [0033] The first positive electrode active material layer (second in the instant application) may include a first positive electrode active material having a structurally stable olivine structure. Specifically, the first positive electrode active material layer may include an olivine-structured first positive electrode active material represented by Formula 1.
[Formula 1]: Li1+a1Fe1−x1Mx1(PO4−y1)Xy1 [0034] In Formula 1, [0035] M is at least one element selected from the group consisting of aluminum (Al), magnesium (Mg), nickel (Ni), cobalt (Co), manganese (Mn), titanium (Ti), gallium (Ga), copper (Cu), vanadium (V), niobium (Nb), zirconium (Zr), cerium (Ce), indium (In), zinc (Zn), and yttrium (Y), X is at least one element selected from the group consisting of fluorine (F), sulfur (S), and nitrogen (N), −0.5≤a1≤0.5, 0≤x1≤0.5, and 0≤y1≤0.3.
If a1=0, x1=0.5, y1=0 and M is Mn then,
(Example 1 of the instant specification LiMn0.5-Fe0.5PO4 would be true) (which also reads on claim 4)
Regarding claim 8-12. Modified LEE discloses a lithium ion secondary battery comprising the positive electrode for the lithium ion secondary battery of claims 1-4, a negative electrode which is capable of absorbing and releasing lithium ions as also disclosed by LEE [0062], and non-aqueous electrolyte [0070] which LEE calls an organic liquid electrolyte.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20070281214 A1, SARUWATARI et al. where it is disclosed that "The active material layer contains first active material particles having an average particle diameter of 1 .mu.m or less and a lithium diffusion coefficient of 1.times.10.sup.-9 cm.sup.2/sec or less at 20.degree. C., and second active material particles having an average particle diameter of 2 to 50 .mu.m."
HYBRID ELECTRIC VEHICLE SYSTEM MODELING AND CONTROL by Wei LIU where LIU teaches the varying structures of lithium compounds and their preferred usages section 2.3.2.3 Lithium-ion (Li-ion) Batteries page 27.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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