DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 17, 2026 has been entered.
Status of Claims
Claims 1, 3-4 and 7-9 are pending, wherein claims 1, 3 and 9 are amended. Claims 1, 3-4 and 7-9 are being examined on the merits in this office action.
Remarks
Applicant’s amendments and arguments have been entered. A reply to the Applicant’s remarks/arguments is presented after addressing the claims.
Any rejections and/or objections made in the previous Office Action and not repeated below, are hereby withdrawn in view of Applicant’s amendments or/and arguments.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. References cited in the current Office action can be found in a prior Office action. Reference not previously cited can be found per the attached PTO-892 for this Office action.
Claim Rejections - 35 USC § 112
Claims 3 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "The electrode mixture according to claim 2". There is insufficient antecedent basis for this limitation in the claim because claim 2 has been canceled. For purposes of examination, the limitation is interpreted as “The electrode mixture according to claim 1”.
The inequation recited in claims 3 and 9 renders the claims indefinite, because the value of “y” depends on the unit of “x”. However, the unit of “x” is unknown. For purposes of examination, the unit of “x” being nanometer is applied during the examination.
Further as to “y” in claims 3 and 9, if x=150 nm, the “0.0106x-0.003” would be 1.5867, equivalent to 158.67%, and the inequation is meaningless. The scope or mete of the claims are unclear, rendering the claims indefinite.
Claim Rejections - 35 USC § 103
Claims 1, 3-4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Luo et al. (US 20180277839 A1, hereafter Luo) in view of Son et al. (US 20230170470 A1, hereafter Son).
Regarding claims 1 and 7, Luo teaches an electrode mixture (“a modified super-hydrophobic material-coated high-nickel cathode material”, see Abstract, [0011], [0055], Fig. 1, etc.), comprising:
an electrode active material (See, “1” in Fig. 1 and [0055]) including secondary particles, wherein each of the secondary particles is an assemblage of primary particles, and the primary particles including a first primary particle and a second primary particle (See the annotated Fig. 1 below);
a conductive fibrous carbon material including carbon nanotubes (“2” in Fig. 1; [0055]); and
inorganic nanoparticles (“3”, Fig. 1; such as alumina, [0025]-[0026]) adhered on an outer circumferential surface of each of the primary particles and distributed over an entire outer circumferential surface of each of the primary particles with spacing therebetween (See Fig. 1),
wherein a carbon nanotube of the carbon nanotubes includes a first portion and a second portion, the first portion adheres to at least one of the inorganic nanoparticles adhered to the outer circumferential surface of the first primary particle, and the second portion adheres to at least one of the inorganic nanoparticles adhered to the outer circumferential surface of the second primary particle (See the annotated Fig. 1).
Luo further teaches the inorganic nanoparticles have an average diameter of 30 nm ([0028], [0025], [0055], Fig. 1), for example.
Luo appears silent as to a diameter of the conductive fibrous carbon. In the same field of endeavor, however, Son discloses a similar particle structure wherein inorganic particles (“21”, Fig. 1) and carbon nanotubes (“23”, Fig. 1) having a diameter of about 1 nm to about 10 nm ([0055]), for example. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to incorporate the teachings of Son into Luo such that conductive fibrous carbons (carbon nanotubes) having a diameter of about 1 nm to about 10 nm, as taught by Son, are used in Luo, because one of ordinary skill in the art would have been able to carry out such a substitution, and the results were reasonably predictable. Simple substitution of one known element for another to obtain predictable results is prima facie obvious. See MPEP § 2143 I(B). As a result, based on all the teachings mentioned above, a diameter ratio of the inorganic nanoparticles (10 nm of diameter, above) and the conductive fibrous carbon material (carbon nanotubes) (about 1 nm to about 10 nm of diameter, above) would be in the range of about 1 to about 10. The claimed diameter ration of 1.1 to 3.5 lies inside the range of about 1 to about 10 taught by prior arts. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
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Regarding claims 3-4, Luo in view of Son teaches the electrode mixture according to claim 1, and further teaches the components of the electrode mixture are adjustable ([0019], [0039], Luo).
For example, Luo teaches a weight ratio of the inorganic nanoparticles (“the nano-material”, [0019]) to the conductive fibrous carbon material (“the super-hydrophobic material”, [0019]) may be 20:100 ([0019]), i.e., 0.2.
Further, Luo teaches the weight ratio of the combination of the inorganic particles and the carbon nanotubes (“the modified super-hydrophobic material” in [0039]) to the high-nickel cathode material may be 1:100 ([0039]). Combining the teachings of above “0.2” and “1:100”, one of ordinary skill in the art would have easily obtained a value of about 0.8 wt% for a weight ratio of the conductive fibrous carbon material to the electrode mixture, and a value of about 0.16 wt% for a weight ratio of the inorganic particles to the electrode mixture.
Further, Luo teaches the average diameter of the inorganic nanoparticles may be 30 nm ([0028]), and then the “0.0106x-0.0033” will be 0.3147, equivalent to 31.47%. The above 0.16 wt% is less than 31.47%, satisfying the claimed y ≤ 0.0106x-0.0033.
Regarding claim 8, Luo in view of Son teaches a rechargeable battery (at least: [0001]) manufactured using the electrode mixture according to claim 1.
Regarding claim 9, Luo teaches a rechargeable battery (at least: [0001]) manufactured using an electrode mixture (“a modified super-hydrophobic material-coated high-nickel cathode material”, see Abstract, [0011], [0055], Fig. 1, etc.) including an electrode active material (See, “1” in Fig. 1 and [0055]) and a conductive fibrous carbon material including carbon nanotubes (“2” in Fig. 1; [0055]), wherein:
the electrode active material includes secondary particles, each of the secondary particles is an assemblage of primary particles, and the primary particles including a first primary particle and a second primary particle (See the annotated Fig. 1 below),
the electrode mixture includes inorganic nanoparticles (“3”, Fig. 1) adhered on an outer circumferential surface of each of the primary particles and distributed over an entire outer circumferential surface of each of the primary particles and distributed over an entire outer circumferential surface of each of the primary particles with spacing therebetween (See the annotated Fig. 1),
a carbon nanotube of the carbon nanotubes includes a first portion and a second portion, and the first portion adheres to at least one of the inorganic nanoparticles adhered to the outer circumferential surface of the first primary particle and the second portion adheres to at least one of the inorganic nanoparticles adhered to the outer circumferential surface of the second primary particle (See the annotated Fig. 1).
Luo further teaches the inorganic nanoparticles have an average diameter of 30 nm ([0028], [0025], [0055], Fig. 1), for example.
Luo further teaches the components of the electrode mixture are adjustable ([0019], [0039], Luo).
For example, Luo teaches a weight ratio of the inorganic nanoparticles (“the nano-material”, [0019]) to the conductive fibrous carbon material (“the super-hydrophobic material”, [0019]) may be 20:100 ([0019]), i.e., 0.2.
Further, Luo teaches the weight ratio of the combination of the inorganic particles and the carbon nanotubes (“the modified super-hydrophobic material” in [0039]) to the high-nickel cathode material may be 1:100 ([0039]). Combining the teachings of above “0.2” and “1:100”, one of ordinary skill in the art would have easily obtained a value of about 0.8 wt% for a weight ratio of the conductive fibrous carbon material to the electrode mixture, and a value of about 0.16 wt% for a weight ratio of the inorganic particles to the electrode mixture.
Further, Luo teaches the average diameter of the inorganic nanoparticles may be 30 nm ([0028]), and then the “0.0106x-0.0033” will be 0.3147, equivalent to 31.47%. The above 0.16 wt% is less than 31.47%, satisfying the claimed y ≤ 0.0106x-0.0033.
Luo appears silent as to a diameter of the conductive fibrous carbon. In the same field of endeavor, however, Son discloses a similar particle structure wherein inorganic particles (“21”, Fig. 1) and carbon nanotubes (“23”, Fig. 1) having a diameter of about 1 nm to about 10 nm ([0055]), for example. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to incorporate the teachings of Son into Luo such that conductive fibrous carbons (carbon nanotubes) having a diameter of about 1 nm to about 10 nm, as taught by Son, are used in Luo, because one of ordinary skill in the art would have been able to carry out such a substitution, and the results were reasonably predictable. Simple substitution of one known element for another to obtain predictable results is prima facie obvious. See MPEP § 2143 I(B). As a result, based on all the teachings mentioned above, a diameter ratio of the inorganic nanoparticles (10 nm of diameter, above) and the conductive fibrous carbon material (carbon nanotubes) (about 1 nm to about 10 nm of diameter, above) would be in the range of about 1 to about 10. The claimed diameter ration of 1.1 to 3.5 lies inside the range of about 1 to about 10 taught by prior arts. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
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Response to Arguments
Applicant's arguments filed March 17, 2026 have been fully considered but they are not persuasive.
Applicant's arguments are based on the claims as amended. The amended claims have been addressed in the new rejections above.
Correspondence
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/ZHONGQING WEI/Primary Examiner, Art Unit 1727