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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06-12-2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05-06-2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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Upon consideration, the previous rejection of record was withdrawn in light of new amendments.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 8-15 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 8-15 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 U.S. Pre-Grant Publication No. 2021/0296638 hereinafter Kintsu, U.S. Pre-Grant Publication No. 2017/0117539 hereinafter Ogata 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 having average particle diameter of 1 to 5 µm and thickness of 0.1 to 1.5 µm.
However, Kintsu teaches a positive electrode for a secondary battery (paragraph 14), the positive electrode comprises active material and conductive material (paragraph 22), wherein the conductive material is graphite (paragraph 29). In addition, Ogata teaches a cathode (positive electrode) for a secondary battery (paragraphs 87-88), wherein the cathode comprises graphite flake (carbonaceous material) having average particle diameter of 1 to 5 µm and thickness of 0.1 to 1 µm (paragraphs 54, 58-59). Therefore, it would have been obvious to one of ordinary skill in the art to include graphite flake having such particle size and thickness in the cathode (positive electrode) before the effective filing date of the claimed invention because Ogata discloses that such configuration provides electrically conductive to the electrode and facilitates good diffusion of Li ions (paragraph 49).
The use of a known technique (i.e., including such graphite flake in the positive electrode) to improve similar products (or methods) in the same way is likely to be obvious (see MPEP § 2143, C).
Leng teaches that the positive electrode active material layer comprises conductive agent (paragraph 60) but does not specifically disclose that the positive electrode comprises an amorphous carbon-based conductive material.
However, Fujisawa 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 8-10, the combination teaches that the conductive agent is included in about 1 part by weight of the electrode material (paragraph 60 of Ogata). Based on the combination shown above, 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, Kintsu, Ogata 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, Kintsu, Ogata, and Fujisawa).
Conclusion
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
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