DETAILED ACTION
This Office Action is responsive to the July 17th, 2026 arguments and remarks (“Remarks”).
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 .
Response to Amendments
In response to the amendments received in the Remarks on July 17th, 2026:
Claims 1-2 and 4-12 are pending in the current application. Claims 1-2 have been amended. Claims 11-12 stand withdrawn. Claim 3 has been cancelled.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on July 17th, 2026 with respect to claims 1-2 and 4-10 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Claim Objections
Claim 1 is objected to because of the following informality:
Claim 1, line 16 recites the limitation “when content of the carbon.” This appears to be a typographical error and should most likely read (with emphasis) “when a content of the carbon.”
Appropriate correction is required.
Claim Interpretation
The limitation “mesh-like pattern” is interpreted to mean that a plurality of carbon nanotubes intersect with each other in various directions on the surface of the active material forming a porous layer such that a portion of the surface is covered with the carbon nanotubes and a portion of the active material is exposed. This interpretation is supported by Applicant’s own PG Publication paragraph [0082].
Prior Art
Previously cited Kim US PG Publication 2019/0044150 (“Kim”)
Previously cited Jeon KR20120125799 (“Jeon”)
Pan US PG Publication 2018/0277894 (“Pan”)
Previously cited Nakamura US PG Publication 2014/0212762 (“Nakamura”)
Previously cited Aoki US PG Publication 2015/0140445 (“Aoki”)
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 1-2, 5, 7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2019/0044150 in view of Jeon KR20120125799 (machine translation provided in a previous Office Action) and Pan US PG Publication 2018/0277894.
Regarding Claim 1, Kim discloses a lithium secondary battery (a nonaqueous alkali metal power storage element) ([0011], entire disclosure dependent upon), comprising a positive electrode ([0127]), a negative electrode ([0127]), a separator ([0127]), and a nonaqueous electrolyte containing lithium ions (alkali metal ions) ([0128]-[0134]), wherein
the positive electrode comprises a positive electrode current collector ([0124]-[0125], [0166]), and a positive electrode active material layer provided on at least one surface (which meets the claim limitation of provided on one surface or both surfaces) of the positive electrode current collector ([0124]-[0125], [0166]), and the positive electrode active material layer contains: a positive electrode active material and carbon nanotubes ([0100], [0113]-[0114] wherein the active material layer comprises an active material and a conductive material dispersed liquid, the conductive material dispersed liquid comprising carbon nanotubes);
the negative electrode comprises a negative electrode current collector ([0124]-[0125], [0167]) and a negative electrode active material layer provided on at least one surface (which meets the claim limitation of provided on one surface or both surfaces) of the negative electrode current collector ([0124]-[0125], [0167]), and the negative electrode active material layer contains: a negative electrode active material and carbon nanotubes ([0100], [0113]-[0114] wherein the active material layer comprises an active material and a conductive material dispersed liquid, the conductive material dispersed liquid comprising carbon nanotubes); and
the carbon nanotubes are single -layer carbon nanotubes ([0037]-[0038]) having an average strand (fiber) diameter between 10 and 20 nm (which falls within and therefore anticipates the claimed range of 5 nm or more and 20 nm or less) ([0040]) and having a bundle structure ([0036]), and
when a content of the carbon nanotubes contained in the positive electrode active material layer is defined as A (wt) 0≤A<0.3 (which encompasses the claimed range of 0.010≤A≤0.200)2 (Kim discloses wherein the carbon nanotubes are included in an amount of 0 to 30 wt% based on the total conductive material within the positive electrode active material layer ([0093], [0113]-[0114], [0124]-[0125])).
While Kim does disclose a positive electrode active material capable of reversibly intercalating and deintercalating lithium ([0003], [0114]-[0115]), Kim fails to explicitly disclose wherein the positive electrode active material comprises activated carbon as a main component1.
However, Jeon discloses a positive electrode ([0011]-[0012], entire disclosure dependent upon) comprising a carbon based material capable of inserting and de-inserting lithium ions ([0004]). The positive electrode comprises a positive electrode support substrate (current collector) ([0067], [0071]), and a positive electrode active material layer ([0027]) provided on at least one surface (which meets the claim limitation of provided on one surface or both surface) of the positive electrode current collector ([0067], [0071], [0097]-[0098]), and the positive electrode active material layer contains: a positive electrode active material comprising 20 to 99.5 wt% of a carbon based material and carbon nanotubes ([0054]-[0055], [0085]).
Jeon teaches that it is beneficial for the carbon based material to be activated carbon due to the excellent output characteristics and conductivity associated with activated carbon ([0005], [0054]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the positive electrode active material of Kim such that the positive electrode active material comprises activated carbon as a main component, accounting for between 20 to 99.5wt% of the active material, due to the excellent output characteristics and conductivity associated with activated carbon, as taught by Jeon.
Further, while Kim discloses wherein the carbon material forms a porous structure between the active material particles to facilitate the penetration of the electrolyte ([0005], [0037]-[0039]), Kim in view of Jeon fails to explicitly disclose wherein the carbon nanotubes cover the positive electrode active material surface in a mesh-like pattern.
However, Pan discloses a rechargeable lithium cell comprising a cathode, an anode, and an electrolyte (Abstract, entire disclosure dependent upon), wherein the cathode comprising an electrically conductive carbon material ([0108]-[0109]). Pan teaches forming a porous nano-structure surface of carbon-nanotubes (CNTs) to create a layered structure with the cathode such that the pores of the nano-structure are able to accommodate the electrolyte and support the cathode active material during repeated charges/discharges ([0109], [0128]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the power storage element of Kim in view of Jeon such that the carbon nanotubes cover the positive electrode active material surface in a mesh-like pattern in order to accommodate the electrolyte and support the cathode active material during repeated charges/discharges as taught by Pan.
1 The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
2 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).
Regarding Claim 2, Kim in view of Jeon and Pan teaches the instantly claimed power storage element according to Claim 1, and Kim discloses when a content of carbon nanotubes contained in the negative electrode active material layer is defined as B (wt%):
0≤B≤0.3 (which encompasses the claimed range of 0.003≤B≤0.120)2 (Kim discloses wherein the carbon nanotubes are included in an amount of 0 to 30 wt% based on the total conductive material within the negative electrode active material layer ([0093], [0113]-[0114], [0124]-[0125])), and
A>B (see Preparation Example 2, [0165]-[0167]).
2 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).
Regarding Claim 5, Kim in view of Jeon and Pan teaches the instantly claimed power storage element according to Claim 1, and Kim discloses wherein the carbon nanotubes cover the negative electrode active material in a mesh-like pattern formed by a network of aggregated fully or partially bundled carbon nanotubes creating pores ([0037]-[0039], [0113]-[0114]).
Regarding Claim 7, Kim in view of Jeon and Pan teaches the instantly claimed power storage element according to Claim 1.
Claim 7 sets forth limitations that are not required by the independent Claim 1, from which Claim 7 depends. As currently written, the nonaqueous alkali metal power storage element does not require the presence of elemental copper. And, therefore, Kim in view of Jeon discloses the instantly claimed limitations of Claim 7.
Regarding Claims 9-10, Kim in view of Jeon and Pan teaches the instantly claimed power storage element according to Claim 1, and Kim discloses wherein the battery module as defined in Claim 1 may be used as a power supply in one or more medium to large sized devices including an electric vehicle and a plug-in hybrid electric vehicle ([0135]-[0137]).
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2019/0044150 in view of Jeon KR20120125799 and Pan US PG Publication 2018/0277894, as applied to Claim 1, further in view of Nakamura US PG Publication 2014/0212762.
Regarding Claims 4 and 6, Kim in view of Jeon and Pan teaches the instantly claimed power storage element according to Claim 1.
Kim in view of Jeon and Pan fails to disclose wherein the carbon nanotubes crosslink the electrode active materials.
However, Nakamura discloses a composite electrode material capable of intercalating and deintercalating lithium ions that comprises carbon nanotubes (Abstract, entire disclosure dependent upon).
Nakamura teaches that it is beneficial to cross-link the carbon nanotubes with the other particles present in the active material ([0019]) to form electrically conductive pathways between particles, have an effect to control expansion and contraction of the electrode structure, and easily provide a battery having a high capacity maintenance ratio ([0084]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the power storage element of Kim in view of Jeon and Pan such that the carbon nanotubes crosslink with both the positive and negative electrode active materials in order to form electrically conductive pathways between particles, have an effect to control expansion and contraction of the electrode structure, and easily provide a battery having a high capacity maintenance ratio, as taught by Nakamura.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2019/0044150 in view of Jeon KR20120125799 and Pan US PG Publication 2018/0277894, as applied to Claim 1, further in view of Aoki US PG Publication 2015/0140445.
Regarding Claim 8, Kim in view of Jeon and Pan teaches the instantly claimed power storage element according to Claim 1.
While Kim discloses wherein the electrolyte comprises a lithium salt, including LiPF6 ([0133]) and that the electrolyte solvent includes amides ([0132]), Kim in view of Jeon and Pan fails to explicitly disclose wherein the nonaqueous electrolyte contains a phosphate ester amide.
However, Aoki discloses an electrolyte solution for nonaqueous secondary batteries with increased thermal stability (Abstract, entire disclosure dependent upon).
Aoki teaches the use of a phosphoric acid ester amide to stabilize and improve the oxidation resistance of the electrolyte salt (LiPF6), and wherein that phosphoric acid ester amide is selected from a group including N,N-dimethylamide bis(2,2-difluoroethyl)phosphate and N,N-diethylamide bis(2,2,difluoroethyl)phosphate ([0041]-[0048]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the power storage element of Kim in view of Jeon and Pan such that the nonaqueous electrolyte contains a phosphate ester amide, including N,N-dimethylamide bis(2,2-difluoroethyl)phosphate or N,N-diethylamide bis(2,2,difluoroethyl)phosphate, in order to stabilize and improve the oxidation resistance of the electrolyte salt, as taught by Aoki.
The skilled artisan would recognize that the N,N-dimethylamide bis(2,2-difluoroethyl)phosphate or N,N-diethylamide bis(2,2,difluoroethyl)phosphate of Kim in view of Jeon, Pan, and Aoki satisfies the claim limitation of a phosphate ester amide represented by the general formula (1), as defined in paragraph [0151] of Applicant’s own PG Publication.
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 extension fee 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 date of this final action.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
