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 § 102
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 following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takami et al. (US 2010/0248038).
Regarding Claim 11, Takami et al. teaches positive electrode active materials (i.e. an active cathode material) (Para. [0018]) for a secondary battery (Para. [0017]) wherein lithium ions are inserted and extracted (Para. [0018]) (i.e. for a lithium ion battery) comprising a first positive electrode active material of lithium manganese-containing oxide particles such as LiMn-1-xNixO2 (Para. [0031]) (i.e. a plurality of first particles including a cobalt-free layered lithium oxide) and the second positive electrode active material particles are Fe-containing phosphorus compounds having an olivine structure represented by LidMnxFe1-xPO4 (i.e. a plurality of second particles including a phospho-olivine) (Para. [0034]).
Regarding Claim 12, Takami et al. teaches all of the elements of the current invention in claim 11.
Takami et al. further teaches the first positive electrode active material lithium manganese-containing oxide particles (Para. [0092]) include Li1.2Mn0.6Ni0.2O2 (Table 1, Example 2) (i.e. Liy(Ni1-xMnx)O2 with x = 0.6 and y = 1.2, meeting 0 ≤ x ≤ 1 and 0.9 ≤ y ≤ 1.3).
Regarding Claim 13, Takami et al. teaches all of the elements of the current invention in claim 12.
Takami et al. further teaches the first positive electrode active material lithium manganese-containing oxide particles (Para. [0092]) include Li1.2Mn0.6Ni0.2O2 (Table 1, Example 2) (i.e. Liy(Ni1-xMnx)O2 with x = 0.6, meeting x ≥ 0.5).
Regarding Claim 14, Takami et al. teaches all of the elements of the current invention in claim 13.
Takami et al. further teaches the first positive electrode active material lithium manganese-containing oxide particles (Para. [0092]) include Li1.2Mn0.6Ni0.2O2 (Table 1, Example 2) (i.e. Liy(Ni1-xMnx)O2 with x = 0.6, meeting x ≥ 0.6).
Regarding Claim 15, Takami et al. teaches all of the elements of the current invention in claim 11.
Takami et al. further teaches the second positive electrode active material is LiMn0.8Fe0.2PO4 (Table 1, Example 10) (i.e. the second particles include LiFe1-yMnyPO4 wherein y = 0.8, meeting 0 ≤ y ≤ 1)
Regarding Claim 16, Takami et al. teaches all of the elements of the current invention in claim 15.
Takami et al. further teaches the second positive electrode active material is LiMn0.8Fe0.2PO4 (Table 1, Example 10) (i.e. the second particles include LiFe1-yMnyPO4 wherein y = 0.8, meeting 0.5 ≤ y ≤ 0.9)
Regarding Claim 17, Takami et al. teaches all of the elements of the current invention in claim 11.
Takami further teaches the ratio of the second positive electrode active material is 12.5 % by weight (Table 1, Example 2) (i.e. wherein a concentration of the first particles in a totality of the first and second particles is 87.5 % by weight, within the claimed range of from 10% by weight to 90% by weight).
Regarding Claim 18, Takami et al. teaches all of the elements of the current invention in claim 11.
Takami further teaches the ratio of the second positive elect ode active material is 12.5 % by weight (Table 1, Example 2) (i.e. wherein a concentration of the first particles in a totality of the first and second particles is 87.5 % by weight, within the claimed range of from 70% by weight to 90% by weight).
Regarding Claim 19, Takami et al. teaches all of the elements of the current invention in claim 11.
Takami further teaches the ratio of the second positive electrode active material is 80 % by weight (Table 1, Example 10) (i.e. wherein a concentration of the first particles in a totality of the first and second particles is 20% by weight, within the claimed range of from 10% by weight to 50% by weight).
Regarding Claim 20, Takami et al. teaches all of the elements of the active cathode material according to claim 11.
Takami et al. teaches a secondary battery (Para. [0017]) wherein lithium ions are inserted and extracted (Para. [0018]) (i.e. a lithium ion battery) comprising a positive electrode (Para. [0023]) comprising the positive electrode active material (Para. [0024]) (i.e. comprising at least one cathode with an active cathode material according to claim 11).
Conclusion
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729