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 .
Response to Amendment
In response to the amendment received July 8, 2026:
Claims 11-19 and 21 are pending. Claims 1-10 and 20 have been cancelled as per applicant’s request.
The core of the previous rejection is maintained with slight changes made in light of the amendment in view of Laramie et al. (US 2020/0395585) and Noguchi et al. (US 2017/0352908). All changes to the rejection are necessitated by the amendment.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11 and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Laramie et al. (US 2020/0395585).
Regarding Claim 11, Laramie et al. teaches lithium ion electrochemical cells (Para. [0019]) (i.e. a lithium ion battery) wherein a cathode electrode active material may comprise a layered oxide of LiMnO-2- (i.e. a plurality of first particles including a cobalt-free layered lithium oxide) and a transition metal polyanion oxide such as LiFePO4 (i.e. a plurality of secondary particles including a phospho-olivine) (Para. [0152]) and a single-material layer such as a suitable electrode active material (i.e. electrode active material layer) such as an alloy (Para. [0030]) wherein an anode material is alloy of silicon (Para. [0147]) (i.e. an anode comprising an anode active material of silicon alloys).
Regarding Claim 21, Laramie et al. teaches all of the elements of the current invention in claim 11 as explained above.
Laramie et al. further teaches the single-material alloy layer as an electrode active material layer (Para. [0030]) which is silicon alloy (Para. [0147]) and the first electrode (i.e. anode) may also comprise an optional first electrode current collector (Para. [0039]) (i.e. wherein the anode consists of a current collector; and the active anode material is silicon alloys).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Takami et al. (US 2010/0248038) in view of Noguchi et al. (US 2017/0352908).
Regarding Claim 11, Takami et al. teaches a nonaqueous electrolyte secondary battery (Para. [0015]) containing lithium ions (Para. [0018]) (i.e. a lithium ion battery) comprising 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]) comprising lithium/titanium-containing composite oxides as the negative electrode active material (Para. [0044])
Takami et al. does not teach an anode comprising an anode comprising an active anode material selected from the group consisting of carbon-containing materials, silicon, silicon suboxide, silicon alloys, aluminum alloys, indium, indium alloys, tin alloys, cobalt alloys and mixtures thereof.
However, Noguchi et al. teaches a lithium secondary battery (Para. [0014]) (i.e. lithium ion battery) comprising a positive electrode constituted by positive electrode material (i.e. a cathode comprising an active cathode material) layered materials and olivine-based materials (Para. [0079]) comprising a layered material of Li(M-1-zMnz)O2 wherein M may be Ni and 0.33≤ z ≤ 0.7 (i.e. a plurality of first particles including a cobalt-free layered lithium oxide) (Para. [0091], [0092]) and the olivine type material may be LiFePO4 (Para. [0094]) (i.e. a plurality of second particles including a phospho-olivine) and the negative electrode active material may comprise a silicon-containing compound such as SiO (Para. [0109]) (i.e. an anode comprising an active anode material of silicon suboxide) and LixTi2-xO4 (Para. [0116]) (i.e. and lithium/titanium composite oxide).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the negative electrode active material Takami et al. to incorporate the teaching of SiO, as the combination with lithium/titanium composite oxide negative electrode active material provides improved electrical conductivity (Para. [0116]) and increased capacity and high energy density (Para. [0108]).
Regarding Claim 12, Takami et al. as modified by Noguchi 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. as modified by Noguchi 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. as modified by Noguchi 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. as modified by Noguchi 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. as modified by Noguchi 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. as modified by Noguchi 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. as modified by Noguchi 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. as modified by Noguchi 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).
Response to Arguments
Applicant’s arguments filed July 8, 2026 have been fully considered but are moot because the arguments do not apply to any of the combination references being used in the current rejection in light of the amendment.
Applicant’s arguments are drawn to a previous prior art combination and thus, are not persuasive in light of the newly cited prior art.
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 ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at 571 272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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