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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awano (JP 2012064537 A) as submitted on Applicant's Information Disclosure Statement filed 19 August 2025.
In regards to claim(s) 1, Awano discloses a positive electrode (64; Fig. 1) for a non-aqueous electrolyte battery ([0037]).
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Awano discloses a positive electrode current collector (62), a positive electrode mixture layer (66), positive electrode active material (70, 75A, 75B), non-fibrous carbon (71; granular carbon material; [0055]) and fibrous carbon (76; [0055]), wherein the mixture layer (66) is formed of a first region (proximal layer 68) and of a second region (counter electrode side layer 74).
However, Awano does not disclose wherein the mixture layer is bisected in the thickness direction (1:1 ratio of thickness).
Awano discloses a range of ratios from approximately 50:50 to 40:60 ([0028]) which overlaps the instantly claimed range of 50:50 and therefore establishes a case of prima facie obviousness. See MPEP 2144.05 I. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the claimed range from the broader prior art range because prior art teaches the same utility over the entire range.
In regards to claim(s) 2, Awano discloses CNTs ([0045]).
In regards to claim(s) 3, Awano discloses the battery with the positive electrode, negative electrode, non-aqueous electrolyte ([0045]).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20160156018 A).
In regards to claim(s) 1, Kim teaches the active material layer(s) is formed on one surface or both
surfaces of the current collector, wherein the active material layer may be fabricated by applying and
drying a slurry including an electrode active material. The slurry including the electrode active material
may be prepared by including each active material depending on the cathode and the anode, a
conductive material, a binder, and a solvent (Kim 0040-0041). Kim also teaches examples of the
conductive material (active material) may include as graphite such as natural graphite, artificial graphite,
or the like; carbon black such as carbon black, acetylene black, Ketjen black, channel black, furnace
black, lamp black, thermal black, or the like (non-fibrous carbon); conductive fiber such as carbon fiber,
metallic fiber, or the like; metal powder such as carbon fluoride powder, aluminum powder and nickel powder, or the like; conductive whiskers such as zinc oxide, potassium titanate, or the like; conductive
metal oxide such as titanium oxide, or the like; conductive material such as polyphenylene derivative, or
the like (Kim 0042).
Kim discloses that the first positive electrode layer closest to the current collector comprises non-fibrous conductive material ([0042] – “conductive material may include as graphite such as natural graphite, artificial graphite, or the like; carbon black such as carbon black, acetylene black, Ketjen black, channel black, furnace black, lamp black, thermal black, or the like”) and the thickness is 20 to 500 µm (step a) – [0045]). Kim discloses that the second positive electrode layer (further from the current collector) comprises the conductive fiber structure layer (step b), [0046]) with a thickness of 3 to 50 µm ([0072]).
However, Kim does not disclose that that the thickness of the first layer is equivalent to the thickness of the second layer (allowing for the claimed bisection in the thickness direction).
Kim discloses a range of ratios from 0.4 to 167:1 (20 µm vs 50 µm; and 500 µm vs. 3 µm) which overlaps the instantly claimed range of 1:1 and therefore establishes a case of prima facie obviousness. See MPEP 2144.05 I. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the claimed range from the broader prior art range because prior art teaches the same utility over the entire range.
Regarding Claim 2, Kim also teaches the fibrous conductive material … may be selected from a carbon nanotube or a carbon nanofiber (Kim 0050).
Regarding Claim 3, Kim teaches the secondary battery is fabricated by stacking a cathode and an
anode, with a separator interposed therebetween, and injecting an electrolyte thereinto, followed by sealing (Kim 0078).
Response to Arguments
Applicant's arguments filed 5 November 2025 have been fully considered. Applicant’s Amendment changes the rejection grounds of Kim from 35 USC 102 to 35 USC 103, see above. Furthermore, see the prior art rejection over Awano (submitted on the IDS, and translation provided) above as well.
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 NICHOLAS A SMITH whose telephone number is (571)272-8760. The examiner can normally be reached M-F 7:30am-3:30pm.
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/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752