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
Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 and 7-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1-5 and 7-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2021/0167366 hereinafter Leng in view of JP 2014-182873 A hereinafter Fukura and U.S. Pre-Grant Publication No. 2019/0020057 hereinafter Fujisawa.
Regarding Claim 1, Leng teaches a positive electrode for a secondary battery (paragraph 29), the positive electrode comprising: a positive electrode active material layer that includes positive electrode active material, binder, and conductive agent (paragraph 55). Leng further teaches that the positive electrode active material comprises a mixture of first lithium transition metal composite oxide and a second lithium transition metal composite oxide, wherein the second lithium transition metal composite oxide has a single particle shape including a crystallographic single crystal with a crystal grain size of 1 micron to 5 microns (paragraphs 19, 27-42, 46-47).
Leng teaches that the positive electrode active material layer comprises conductive agent (paragraph 60) but does not specifically disclose that the positive electrode comprises flake graphite and an amorphous carbon-based conductive material.
However, Fukura teaches a positive electrode for a non-aqueous electrolyte secondary battery (paragraph 63), the positive electrode comprising graphite flake and amorphous carbon (paragraph 17). Fukura further teaches that the graphite flake has an average particle size of preferably 3 to 6 µm (paragraph 22). Therefore, it would have been obvious to one of ordinary skill in the art to include graphite flake having such average particle size in the positive electrode before the effective filing date of the claimed invention because Fukura discloses that such configuration allows for the effective formation of conductive paths between multiple active materials and facilitates good diffusion of Li ions (paragraph 22).
The use of a known technique (i.e., including graphite flake having an average particle size of 3 to 6 µm in the positive electrode) to improve similar products (or methods) in the same way is likely to be obvious (see MPEP § 2143, C).
Fujisawa further teaches that the conductive auxiliary agent is constituted of spherical amorphous carbon particles (paragraph 46) and it would have been obvious to one of ordinary skill in the art to use such amorphous carbon particles before the effective filing date of the claimed invention because such configuration can decrease resistance of the electrode (paragraph 49).
Regarding Claim 2, the combination teaches that the content of the cathode active material particles having a single panicle shape is 10% by weight to 50% by weight based on a total weight of the cathode active material (paragraph 48 of Leng).
Regarding Claim 3, the combination teaches that the single particle shape includes a monolithic form in which 2 or more single particles are attached to each other (paragraphs 45-48 of Leng).
Regarding Claims 4-5, the combination teaches that the positive electrode is LiNiCoMnO2 (paragraphs 38-42 of Leng).
Regarding Claims 7-10, the combination teaches the flake graphite has an average particle size of 1 to 10 µm (paragraph 22) and the conductive agent is included in about 0.5 % to 10 % by mass (paragraph 50 of Fujisawa and see Examples of Fukura). Based on such description it is reasonable to conclude that the peak intensity ratio is expected to be similar as claimed (see MPEP § 21112.01).
Regarding Claims 11-14, the combination teaches that the flake graphite includes at least one of natural graphite or artificial graphite, and the conductive material includes graphite or a metal-based conductive material (see the combination of Leng, Fukura, and Fujisawa).
Regarding Claim 15, the combination teaches a lithium secondary battery comprising: a positive electrode which comprises a current collector, the positive electrode formed by coating at least one surface of the current collector with the positive electrode composition described above; and a negative electrode disposed to face the positive electrode (see the combination of Leng, Fukura, and Fujisawa).
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 OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752