DETAILED CORRESPONDENCE
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 .
Election/Restrictions
Applicant's election without traverse of Group I (Claims 1-10) in the reply filed on January 7th, 2026 is acknowledged. Claims 11-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Applications No. JP2020-176683 filed October 21st, 2020; JP2020-176800 filed October 21st, 2020; and JP2020-191422 filed November 18th, 2020.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted on May 19th, 2023; December 13th, 2023; May 30th, 2024; September 10th, 2024; November 18th, 2024; and March 5th, 2025 have been received and considered by the Examiner.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
The limitation “main component” as seen in at least line 7 of Claim 1, is interpreted to mean the component has the highest weight % among material capable of intercalating and de-intercalating alkali metal ions. This interpretation is supported by Applicant’s definition as outlined in at least paragraph [0065] of Applicant’s own PG Publication.
Prior Art
Kim US PG Publication 2019/0044150 (“Kim”)
Jeon KR20120125799 (“Jeon”)
Nakamura US PG Publication 2014/0212762 (“Nakamura”)
Aoki US PG Publication 2015/0140445 (“Aoki”)
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-3, 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).
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]).
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.
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.).
Regarding Claim 2, Kim in view of Jeon teaches the instantly claimed power storage element according to Claim 1, and 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 and negative electrode active material layer ([0093], [0113]-[0114], [0124]-[0125]).
And, therefore, a person having ordinary skill in the art would recognize that Kim discloses wherein when a content of carbon nanotubes contained in the positive electrode active material layer is defined as A (wt%) and a content of carbon nanotubes contained in the negative electrode active material layer is defined as B (wt%):
0≤A<0.3 (which encompasses the claimed range of 0.010≤A≤0.200)2 and
0≤B≤0.3 (which encompasses the claimed range of 0.003≤B≤0.120)2.
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).
Kim discloses wherein A>B (Preparation Example 2, [0165]-[0167]).
Regarding Claim 3, Kim in view of Jeon teaches the instantly claimed power storage element according to Claim 1, and Kim discloses wherein the carbon nanotubes cover the positive 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 5, Kim in view of Jeon 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 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 disclose the instantly claimed limitations of Claim 7.
Regarding Claims 9-10, Kim in view of Jeon 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, 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 teaches the instantly claimed power storage element according to Claim 1.
Kim in view of Jeon fail 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 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, as applied to Claim 1, further in view of Aoki US PG Publication 2015/0140445.
Regarding Claim 8, Kim in view of Jeon 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 fail 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 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 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
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/O.M.R./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729