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In response to the amendment received 03/18/2026, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 102 rejections of claims 1, 3-4, and 7
35 U.S.C. 103 rejection of claim 6
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.
Claim(s) 1, 3-5, 7, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over 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) containing:
carbon nanotubes ([0015] conductive agent may include carbon nanotubes), and
a particulate conductive agent ([0015] conductive agent may include combinations of carbon nanotubes and carbon black; [0084] carbon black), wherein 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), and
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).
Zhong does not explicitly disclose 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 1.2 mass%.
In the immediate embodiment [0084] of Zhong is an example with the 1.4 wt%, however [0056] also states the content of the first and second conductive agents is about 0.5 wt% to about 5 wt%.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the present invention, to have modified the 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 1.2 mass% in order to achieve the desired balance between conductivity imparted by the conductive agent and reactivity imparted by the active material content, and because “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)).
Zhong does not explicitly disclose 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 0.1 mass%.
In the immediate embodiment, [0084] of Zhong discloses 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 0.3 mass% ([0084] 0.3 wt% carbon black in first cathode active material layer 12, which is one of the materials for the claimed particulate conductive agent disclosed in the present specification ([0027]), however [0056] also states the content of the first and second conductive agents is about 0.5 wt% to about 5 wt%..
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the present invention, to have modified the mass ratio of the particulate conductive agent to the positive electrode active material contained in the lower half region on the side of the surface is greater than or equal to 0.05 mass% and less than or equal to 0.1 mass% in order to achieve the desired balance between conductivity imparted by the conductive agent and reactivity imparted by the active material content, and because “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 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 5, Zhong does not explicitly disclose 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 0.005 mass% and less than or equal to 0.5 mass%.
However, Zhong 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 0.005 mass% and less than or equal to 0.5 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 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).
Regarding claim 9, Zhong further discloses wherein the particulate conductive agent includes a carbon particulate conductive agent ([0015] conductive carbon black, acetylene black, graphene, Ketjen black and combinations thereof).
Regarding claim 10, Zhong further discloses wherein the carbon particulate conductive agent includes one or more of carbon black, acetylene black, Ketjenblack, and graphite (conductive carbon black, acetylene black, graphene, Ketjen black and combinations thereof).
Claim(s) 2, 8, and 11-12 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 US20210257610A1, 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).
Regarding claim 8, Zhong discloses wherein the particulate conductive agent has an aspect ratio less than 10 (Fig 5, primary particles are generally closer to an aspect ratio of 1).
Zhong is silent on wherein a primary particle size of the particulate conductive agent is greater than or equal to 5 nm and less than or equal to 100 nm.
In the analogous art of lithium ion battery cathode conductive agents, Araki discloses wherein a primary particle size of the particulate conductive agent is greater than or equal to 5 nm and less than or equal to 100 nm ([0047] average particle size of carbon black is 20-50nm for high electron conductivity with a small weight).
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 select a particle size of the carbon black of 20-50nm as disclosed by Araki in order to achieve high electron conductivity with a small weight, as suggested by Araki.
Regarding claim 11, Zhong is silent on wherein an average fiber length of the carbon nanotubes is greater than or equal to 500 nm and less than or equal to 200 µm.
In the analogous art of lithium ion battery cathode conductive agents, Araki discloses wherein an average fiber length of the carbon nanotubes is greater than or equal to 500 nm and less than or equal to 200 µm ([0056] 5-20µm carbon nanotube length to facilitate coupling of positive electrode active material particles).
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 select an average fiber length of the carbon nanotubes to be 5-20 µm as disclosed by Araki in order to facilitate the coupling of positive electrode active material particles, as suggested by Araki.
Regarding claim 12, Zhong is silent on wherein an average outermost circumference diameter of the carbon nanotubes is greater than or equal to 0.5 nm and less than or equal to 20 nm.
In the analogous art of lithium ion battery cathode conductive agents, Araki discloses wherein an average outermost circumference diameter of the carbon nanotubes is greater than or equal to 0.5 nm and less than or equal to 20 nm ([0057] 5-10nm for improved electric conductivity).
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 select an average outermost circumference diameter of the carbon nanotubes to be 5-10 nm as disclosed by Araki in order to achieve improved electric conductivity, as suggested by Araki.
Response to Arguments
Applicant's arguments filed 03/18/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument regarding the 35 U.S.C. 102 rejection of claims 1, 3, 4, and 7 on page 5 of applicant’s remarks, this argument is rendered moot in view of the new 35 U.S.C. 103 rejection of claims 1, 3, 4, and 7.
In response to applicant’s argument regarding claim 5 on page 6 of applicant’s remarks that the office action alleges Zhong is referring to carbon nanotubes instead of some other conductive agent, the examiner notes that as stated in the rejection, the two layers have the same range of contained conductive agent, and thus, assuming a mixture of carbon black and carbon nanotubes in one of the layers, such as is the case in [0084] of Zhong, if the mass% is 0.5 wt% for both layers, then the overall content is also 0.5 wt% for the total active material, and if carbon nanotubes are a part of a combined conductive agent material with, for example, carbon black, its content would be below 0.5 wt%, thereby falling in the claimed range. Furthermore, “A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments.” MPEP 2123(I). In this case, assuming arguendo, even if it wasn’t explicit, Zhong’s disclosure provides the claimed range for the material combination.
In response to applicant’s argument regarding claim 5 on page 6 of applicant’s remarks that one reading Zhong as a whole would have understood that the first and second conductive agents were not the same, the examiner disagrees, and notes that Zhong discloses in [0015] that each conductive agent is independently selected from the claimed list. Further, the examiner notes that the rejection does not equate the first and second agent both to carbon nanotubes, and often refers to the example in [0084] of Zhong where one agent is a mixture of carbon black and carbon nanotubes and the other is only carbon black.
In response to applicant’s argument regarding claim 5 on page 7 of applicant’s remarks that Zhong is stating the amount of the first conductive agent as a weight percent with reference to just the first layer, not the total weight of both layers, and that a true comparison of the amounts of conductive agents in Zhong with those in the present claims cannot be made because the amounts are in reference to different agents and/or locations, the examiner disagrees, and notes that, as stated above, and for example in [0084] of Zhong, the carbon nanotubes being present in an amount of 0.5 wt% in the first cathode active material layer and not being present in the second active material layer leads to a roughly 0.25 wt% at most for all of the positive active material.
In response to applicant’s argument regarding claim 6 on page 7 of applicant’s remarks that that Zhong’s 0.3 wt% and the newly amended claimed 0.1 wt% are not sufficiently close, the examiner notes this argument is rendered moot in view of the new 35 U.S.C. 103 rejection of claim 1, and further notes that “a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments” (MPEP 2123 (I)).
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 TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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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.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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