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Upon consideration, the previous rejection of record was withdrawn in light of new amendments.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) 1-15 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11-25-2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-15 is/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.
The recitation “…1g represents a frequency corresponding to a given surface mean diameter on a surface mean diameter distribution curve of the negative active material…” in claims 1, 3, and 11 is 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 regards as the invention. The use of the term “frequency” does not provide any insight into the particle characterization or function. Examiner submits that Fig. 1 is directed to a curve of surface mean diameter and density distribution of the negative active material NOT “the frequency” as argued. Examiner recommends an amendment that clearly describes frequency in relation to the curve (i.e., frequency defined as the number of occurrences of a repeating event per unit of time).
Dependent claims 2, 4-10, and 12-15 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent on the rejected claims 1, 3, and 11.
Claim Rejections - 35 USC § 102/103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over U.S. Pre-Grant Publication No. 2019/0363348 hereinafter Kurita.
Regarding Clams 1, 3, and 11, Kurita teaches an electronic device comprising: an electrochemical cell (paragraphs 24, 139), the electrochemical cell (lithium-ion battery) comprises a negative electrode, a positive electrode, a separator, and an electrolyte (paragraph 138). Kurita further teaches that the negative electrode comprises an active material layer formed on a current collector (paragraph 129), wherein the negative electrode active material include substance derived from petroleum-based coke and/or pitch-based coke (paragraphs 19, 70), and wherein the negative electrode active material having a 50% particle diameter in a volume-based cumulative particle diameter distribution, Dv50, of 3.0 µm or more and 20.0 µm or less and a total pore volume of pores having a diameter of 0.4 µm or less measured by a nitrogen gas adsorption method is 5.0 µl/g or more and 40.0 µl/g or less (paragraph 19).
With regards to recitation “…wherein a surface mean diameter of the negative active material satisfies: lg(SMD-2) + lg(SMD+2) ≥ 0.4…”, MPEP 2112.01 teaches that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
Because the negative electrode active material recited in the cited prior art is substantially identical to that of the claims, the claimed properties or functions are presumed to be inherent.
Regarding Claims 2, 4-6, and 12-13, Kurita teaches similar negative electrode active material, and the claimed properties or functions are presumed to be inherent (see MPEP § 21112.01 described above).
Regarding Claims 7, 10 and 14, Kurita teaches that the negative electrode active material include substance derived from petroleum-based coke and/or pitch-based coke (paragraphs 19, 70). Because the negative electrode active material recited in the cited prior art is substantially identical to that of the claims, the claimed properties or functions (i.e., X-ray diffraction pattern and charge/discharge test) are presumed to be inherent (see MPEP § 21112.01 described above).
Regarding Claims 8-9 and 15, Kurita teaches that the negative electrode active material layer is a porous film or membrane bonded to the current collector (paragraph 19, 134). Therefore, it would have been obvious to one of ordinary skill in the art to form a porous film having a porosity of at least 20% and bonded to the current collector with a bonding force of at least 8 N/m before the effective filing date of the claimed invention because such configuration can form a battery with improved charge/discharge characteristics [see MPEP § 2144.05, II.].
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