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
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.
(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.
Claim(s) 1, 3-4, and 7 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Published Application US20200144600A1 (supplied by applicant), hereafter Zhong.
Regarding claim 1, Zhong discloses a positive electrode ([0036] cathode) for a non-aqueous electrolyte secondary battery ([0033] Li ion battery), comprising:
a positive electrode current collector ([0036] cathode current collector 11); and
a positive electrode mixture layer that is provided on the positive electrode current collector (11) ([0036] first cathode active material layer 12 and second cathode active material layer 13 on cathode current collector 11) and contains a positive electrode active material and a conductive agent ([0037] first cathode active material layer slurry with conductive agent),
wherein the conductive agent contains carbon nanotubes ([0015] conductive agent is carbon nanotubes), and
in a case where the positive electrode mixture layer is divided into two equal parts in a thickness direction ([0036] Fig 1, two active material layers 12 and 13), a mass ratio of the carbon nanotubes to the positive electrode active material contained in an upper half region (13) on a side of a surface is smaller than a mass ratio of the carbon nanotubes to the positive electrode active material contained in a lower half region (12) on a side of the positive electrode current collector (11) ([0084] 0.5 wt % carbon nanotubes in first cathode active material layer 12, none in second cathode active material layer 13).
Regarding claim 3, Zhong discloses wherein the mass ratio of the carbon nanotubes to the positive electrode active material contained in the upper half region (13) on the side of the surface is less than or equal to 0.05 mass% ([0084] 0.5 wt % carbon nanotubes in first cathode active material layer 12, none in second cathode active material layer 13).
Regarding claim 4, Zhong discloses wherein the mass ratio of the carbon nanotubes to the positive electrode active material contained in the lower half region (12) on the side of the positive electrode current collector (11) is greater than or equal to 0.01 mass% and less than or equal to 1 mass% ([0084] 0.5 wt % carbon nanotubes in first cathode active material layer 12, none in second cathode active material layer 13).
Regarding claim 7, Zhong discloses a non-aqueous electrolyte secondary battery ([0033] Li ion battery) comprising a positive electrode ([0036] cathode), a negative electrode ([0060] anode), and a non-aqueous electrolyte ([0060] electrolyte), wherein the positive electrode is the positive electrode for a non-aqueous electrolyte secondary battery according to claim 1 (see above rejection of claim 1).
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.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20200144600A1 (supplied by applicant), hereafter Zhong.
Regarding claim 5, Zhong discloses the invention as stated above for claim 1.
Zhong further discloses wherein a mass ratio of the carbon nanotubes to the positive electrode active material contained in the positive electrode mixture layer is greater than or equal to 0.5 mass% and less than or equal to 5 mass% ([0056] about 0.5 wt % to about 5 wt % in both of first and second cathode active material layers), which overlaps with the claimed range of 0.005 mass% to 0.5 mass%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Regarding claim 6, Zhong discloses the invention as stated above for claim 1.
Zhong further discloses wherein the conductive agent contains a particulate conductive agent ([0084] conductive carbon black),
a mass ratio of the particulate conductive agent to the positive electrode active material contained in the upper half region on the side of the surface is greater than or equal to 0.05 mass% and less than or equal to 1.4 mass% ([0084] 1.4 wt% carbon black in second cathode active material layer 13, which is close to the claimed range of 0.05 mass%-1.2 mass%. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. (MPEP 2144.05 (I))), and
a mass ratio of the particulate conductive agent to the positive electrode active material contained in the lower half region on the side of the positive electrode current collector is less than or equal to 0.5 mass% ([0084] 0.3 wt% carbon black in first cathode active material layer 12).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20200144600A1 (supplied by applicant), hereafter Zhong, as applied to claim 1 above, and further in view of Published Application US 20210257610 A1, hereafter Araki.
Regarding claim 2, Zhong discloses wherein the positive electrode active material contains a lithium nickel composite oxide ([0048] lithium nickel cobalt manganese oxide or lithium nickel cobalt aluminum oxide).
Zhong is silent on wherein the lithium nickel composite oxide is of a general formula of LiaNixMyO2-b (where M is at least one element selected from Al, Co, Mn, Fe, Ti, Si, Nb, Mo, W, and Zn, 0≤a<1.05, 0.7<x≤0.95, 0≤y≤0.3, 0≤b<0.05, and x+y=1).
In the analogous art of lithium ion battery cathodes, Araki discloses wherein the lithium nickel composite oxide is of a general formula of LiaNixMyO2-b (where M is at least one element selected from Al, Co, Mn, Fe, Ti, Si, Nb, Mo, W, and Zn, 0≤a<1.05, 0.7<x≤0.95, 0≤y≤0.3, 0≤b<0.05, and x+y=1) ([0030] LitNi1−x−xCoxAlyO2 where x is .1, y is 0.2, t is 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Zhong to use the lithium nickel composite oxide of Araki as stated above as a selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
Prosecution Insights