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 Status
This Office action is responsive to amendments and remarks filed on 12/17/2025.
Claims 1, 2, 4 and 5 have been amended.
Claim 6 is newly added.
Claims 1-6 are currently pending.
Response to Amendment
In light of the amendment the objection to the drawings is withdrawn.
In light of the amendment the objection to the abstract is withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1-5 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 § 102
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160013478 A1, SATOW et al.
Regarding claim 1. [0010] A secondary battery comprising:
[0011] a positive electrode; and
[0012] a negative electrode, wherein
the positive electrode comprises
a positive electrode active material comprising lithium cobalt oxide, called lithium cobaltate, nickel, magnesium, and aluminum, and wherein
SATOW does not explicitly disclose the positive electrode active material comprises a plurality of projections having crystallinity,
However, when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
SATOW does not explicitly disclose the crystallinity of the projections as claimed in the instant application, however because SATOW [0124] uses a solution of fluorine and a rare earth element along with a heat treatment of 500 °C it would be reasonable to conclude that the properties of the instantly claimed invention e.g. the crystallinity of the coating would also be the same.
Regarding claim 2. The secondary battery according to claim 1,
[0012] wherein the positive active material comprises fluorine, and
[0020] wherein a concentration of fluorine in a surface portion of the positive electrode active material is higher than a concentration of fluorine in a central portion of the positive electrode active material SATOW discloses 0.558% fluorine.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160013478 A1, SATOW et al.
Regarding claim 3. SATOW does not disclose a vehicle comprising the secondary battery disclosed by SATOW according to claim 1.
By the effective date of the instant application electric vehicles are widespread due to the cost of petroleum products and are an obvious use in vehicles at the time the application was filed.
It would have been obvious for one of ordinary skill in the art before the effective filing date to use the battery disclosed by SATOW in order to have a more economical vehicle.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20040229124 A1, MIYAMOTO et al. in view of US 20160013478 A1, SATOW et al.
Regarding claim 4, MIYAMOTO [0207] discloses a method for forming a positive electrode active material, comprising:
[0214] forming a first mixture where a first material is a halogen compound comprising lithium in the form of lithium fluoride [0214], a second material comprises magnesium [0192], and a third material that is lithium cobalt oxide called lithium cobaltate [0266] are mixed;
[0235] forming a second mixture by heating the first mixture under a first temperature condition;
forming a third mixture where the second mixture and a fourth material that comprises nickel [0267] are mixed;
forming a fourth mixture where the third mixture, a fifth material that comprises zirconium [0267], and a sixth material that comprises aluminum [0192] are mixed; and
[0239] forming a fifth mixture by heating the fourth mixture under a second temperature condition, wherein
the heating the first mixture and the heating the fourth mixture is performed in an atmosphere comprising oxygen, wherein
[0235] the first temperature condition is in a first temperature higher than or equal to 742 °C and lower than or equal to 950 °C, MIYAMOTO discloses preferably 700 °C -950 °C,
MIYAMOTO does not disclose the second temperature condition is in a second temperature higher than or equal to 500 °C and lower than or equal to 1000 °C.
SATOW [title] discloses A Positive Electrode For Nonaqueous Electrolyte Secondary Battery and Nonaqueous Electrolyte Secondary Battery That Uses The Positive Electrode
SATOW [0124] discloses the second temperature condition is 500 °C or less while spraying the mixture in order to attach the fluorine to part of the active material surface, and that this is “[a]n example of the method for causing a compound containing fluorine and any one of a rare earth element, magnesium, titanium, and aluminum to attach to part of the surface of lithium cobaltate and/or lithium nickel cobalt manganate is a method that involves causing a compound containing a rare earth element, magnesium, titanium, or aluminum to attach to a positive electrode active material and then spraying an aqueous solution containing fluorine.”
SATOW [0012] discloses “A positive electrode active material includes a mixture of lithium nickel cobalt manganate and lithium cobaltate having a compound adhered to part of a surface thereof, the compound containing fluorine and at least one selected from zirconium, magnesium, titanium, aluminum”
SATOW [0013] goes on to disclose that this “exhibits an advantageous effect of suppressing the decrease in discharge capacity in low-temperature discharge during charge and discharge after the battery in a charged state is exposed to high temperature.”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used the temperature of 500 °C in the method disclosed by SATOW in the active material mixture disclosed by MIYAMOTO in order to coat the active material particles with a fluorine zirconium aluminum coating. SATOW further provides motivation to this person of ordinary skill by disclosing that this produces an advantageous effect of suppressing the decrease in discharge capacity in low-temperature discharge during charge and discharge after the battery is in a charged state and is exposed to high temperature.
Regarding claim 5. MIYAMOTO modified by SATOW discloses the method for forming a positive electrode active material according to claim 4, wherein
MIYAMOTO [0252] the step of forming the third mixture is performed by a solid phase method, and wherein
MIYAMOTO [0261] the step of forming the fourth mixture is performed by a sol-gel method.
Regarding claim 6. MIYAMOTO modified by SATOW discloses the method for forming a positive electrode active material according to claim 4, wherein
SATOW discloses the second temperature 500 °C is lower than the first temperature range preferred by MIYAMOTO [0235] of 700 °C - 950 °C.
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 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
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727