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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
Information Disclosure Statement (IDS) submitted 10/10/2025 has been received and considered by the examiner.
Response to Amendment
In response to the amendment received on 12/31/2025:
Claims 1 and 5-7 are pending in the current application. Claims 1 and 5 have been amended and claims 2-4 and 8-20 are canceled.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are necessitated by the amendment.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Response to Arguments
Applicant's arguments are based on the claims as amended. The amended claims have been addressed in the new rejection below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "... wherein the graphene or the graphene compound clings to at least a part of a surface of the first secondary particle and a part of a surface of the second secondary particle" in Lines 10-11 of the claim. There is insufficient antecedent basis for the “second secondary particle” limitation in the claim. For the purposes of examination, this will be interpreted as being the secondary particle disclosed earlier in the claim.
Claim Rejections - 35 USC § 102
Claims 1 and 6-7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Zhang et al. US-20190355983-A1 (hereinafter “Zhang”).
Regarding Claim 1, Zhang discloses a secondary battery comprising a positive electrode (see abstract and paragraph [0007]),
wherein the positive electrode comprises a positive electrode active material (see paragraphs [0007] and [0074]-[0076]),
wherein the positive electrode active material comprises lithium (Li), a transition metal (Ni), oxygen (O), and zirconium oxide (ZrO2) (see Embodiment 2 of Tables1-2 and paragraphs [0007] and [0014]),
wherein the positive electrode active material comprises:
a plurality of primary particles (see paragraphs [0016]-[0019] and [0109]);
a plurality of secondary particles in which at least some of the plurality of the primary particles adhere to each other (the oxide of the metal element N adheres the primary particles together) in Figs. 1-3 (see paragraphs [0016], [0018]-[0019], [0033], and [0109]);
wherein the plurality of the primary particles each comprise a surface portion, a projecting portion (discrete islands with protrusions functioning as “nano-nails” on the surfaces of primary particles), and an inner portion in Figs. 1-3 (see paragraphs [0007], [0017]-[0019], [0034], and [0109]),
wherein the projecting portion is positioned in a surface of the primary particle in Figs. 1-3 (paragraphs [0007], [0017]-[0019], [0034], and [0109]), and
wherein the zirconium oxide (oxide of metal element N, which may be zirconium) exists at least in the projecting portion in Fig. 3 (see Embodiment 2 of Tables 1-2 and paragraphs [0007], [0014], [0019], and [0109]).
Regarding Claim 6, Zhang discloses the secondary battery according to claim 1 (see rejection of claim 1 above). Zhang further discloses an electronic device (electric vehicle) comprising the secondary battery according to the aforementioned claim 1 (see paragraphs [0003] and [0005]).
Regarding Claim 7, Zhang discloses the secondary battery according to claim 1 (see rejection of claim 1 above). Zhang further discloses a vehicle comprising the secondary battery according to the aforementioned claim 1 (see paragraphs [0003] and [0005]).
Claim Rejections - 35 USC § 103
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as applied to Claim 1 above, in view of Zhamu et al. US-20190379039-A1 (hereinafter “Zhamu”).
Regarding Claim 5, Zhang discloses the secondary battery according to claim 1 (see rejection of claim 1 above). Zhang further discloses the positive electrode active material comprises a plurality of the secondary particles (the positive electrode active material is present in the form of secondary particles, i.e., there is a plurality of secondary particles) (see paragraphs [0016], [0019], and [0109]). Zhang also discloses the positive electrode active material may contain a conductive agent that is not specifically limited and can be selected according to requirements (see paragraph [0029]).
Zhang is silent on the positive electrode comprising graphene or a graphene compound, wherein the plurality of secondary particles comprises a first secondary particle and a secondary particle, and wherein the graphene or the graphene compound is positioned between at least the first secondary particle and the secondary particle, and wherein the graphene or the graphene compound clings to at least a part of a surface of the first secondary particle and a part of a surface of the second secondary particle.
However, in the same field of endeavor of conductive additives in battery electrodes (see abstract and paragraph [0019]), Zhamu discloses a process to create graphene-embraced secondary particles for a positive electrode (cathode) active material to increase electrode conductivity in Fig. 2 (see paragraphs [0050]-[0051], [0053], [0060], [0081]-[0086], [0145], [0147], and [0153]).
Since Zhamu discloses wrapping graphene sheets around the secondary particles (indicating a plurality of secondary particles) to form graphene-embraced/graphene-encapsulated secondary particles (particulates) (see abstract and paragraphs [0051], [0053], and [0145]), a skilled artisan would expect there to be a first and second secondary particle, and that the graphene would cling to at least a part of a surface of the first secondary particle and a part of a surface of the second secondary particle since it is wrapped around and encapsulating the secondary particles. Further, since the graphene is encapsulating the secondary particles, a skilled artisan would expect the graphene to be positioned between at least the first secondary particle and second secondary particle since it is surrounding each secondary particle.
Zhamu additionally discloses this process is amenable to almost any electrode active material and results in a battery with an exceptionally long cycle life (see paragraphs [0015], [0019], [0028]-[0029], [0053], [0119], and [0121]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the secondary battery disclosed by Zhang wherein the positive electrode comprises graphene or a graphene compound, and wherein the graphene or the graphene compound is positioned between at least a first secondary particle and a secondary particle of the plurality of the secondary particles, wherein the graphene or the graphene compound clings to at least a part of a surface of the first secondary particle and a part of a surface of the second secondary particle, as disclosed by Zhamu, in order to achieve a battery with an exceptionally long cycle life.
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.
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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