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 .
Information Disclosure Statement
The IDS’ filed 6/29/2023, 12/19/2024, 4/02/2025, 4/28/2025, 5/16/2025, 10/29/2025, and 1/13/2026 have been considered by examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3, 9, and 10 in the reply filed on 6/10/2026 is acknowledged.
Claim Rejections - 35 USC § 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 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.
Claims 1, 2, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 112864393, referring to examiner-provided translation thereof, hereinafter "Li").
Regarding claim 1, Li teaches a positive electrode active material for a high-rate lithium-ion battery, the positive electrode active material comprising lithium iron phosphate (“high-rate lithium iron phosphate positive electrode material”) [0007; entire disclosure relied upon]. Li teaches that the lithium iron phosphate is carbon-coated, and that the primary particles of the lithium iron phosphate have a size of 50 to 200 nm, which overlaps the recited range [0008]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Further regarding claim 2, Li teaches that the secondary particle size D50 of the lithium iron phosphate formed by the agglomeration of the primary particles is around 2 to 5 µm, which is within the recited range [0009].
Further regarding claim 9, Li teaches the positive electrode active material of instant claim 1 as described above. Li further teaches that this positive electrode active material is included in a positive electrode [0006].
Further regarding claim 10, Li teaches the positive electrode of instant claim 9 as described above. Li further teaches that this positive electrode is included in a low-temperature high-rate lithium-ion battery [0006].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 112864393) as applied to claim 1 above, and further in view of Yamaya et al. (US 2020/0067093, hereinafter "Yamaya").
Regarding claim 3, Li teaches the positive electrode active material of claim 1, as described in the rejection of instant claim 1. Li is silent regarding the specific surface area of the positive electrode active material.
Yamaya teaches analogous art of a cathode material (“positive electrode material”) including agglomerated particles formed by a plurality of primary particles of a cathode active material coated with a carbonaceous film [Abstract; entire disclosure relied upon]. Yamaya teaches that the cathode active material may be represented by the formula LixAyDzPO4, wherein A may be Fe, and z may equal zero, making the cathode active material a lithium iron phosphate [0014-0015]. Yamaya further discloses that the cathode material may have a specific surface area of 12 m2/g or more and 30 m2/g or less, which encompasses the recited range [0019]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Li teaches that when the specific surface area is within the range disclosed above, internal resistance may be decreased, output characteristics may be improved, and battery capacity may be improved [0052].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the positive electrode active material taught by Li to have a specific surface area within the range disclosed by Yamaya, in order to decrease internal resistance and improve output characteristics and battery capacity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA F OROZCO whose telephone number is (571)272-0172. The examiner can normally be reached M-F 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at (571)272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.F.O./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
Prosecution Insights