DETAILED ACTION
Status of Claims
The amendment filed 06/17/2026 has been entered. Claims 1-8 remain pending. Claim 8 is new.
Applicant’s arguments, see Remraks, with respect to the rejection(s) of claim(s) 1-7 over Imaji et al. (US 2015/0340693) have been fully considered and are persuasive in-part, specifically Applicant argument of unexpected results resulting from the claim requiring diethyl carbonate. Therefore, the previous 35 USC 103 rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Imaji et al. (US 2015/0263347).
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.
Claims 1, 2, and 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Imaji et al. (US 2015/0263347).
Regarding claims 1, 4, and 5, Imaji teaches a carbonaceous material for nonaqueous electrolyte secondary battery and negative electrode comprising:
a negative electrode including a negative composite layer containing a negative active material and a nonaqueous binder (para 0163);
a positive electrode (para 0166);
a nonaqueous electrolyte solution including diethyl carbonate (para 0263); and
the negative active material includes a non-graphitizable carbonaceous material (para 0038).
Imaji further teaches the true density of the non-graphitizable carbonaceous material is preferably 1.44 to 1.6 g/cm3 (para 0038). Using an average 1.52 g/cm3 results in 388 ≤ B ≤ 538.4; and the charge capacity of B is between 475 to 489 mAh/g (Table 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have the recited amount of charge B based on the recited density range because a prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "[ A ] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP 2144.05.
Regarding claim 2, using the true density of the non-graphitizable carbonaceous material as 1.52 g/cm3 (see above; para 0038), which results in 488 ≤ B ≤ 538.4; and the charge amount of B is 489 mAh/g (Table 2: Example 21).
Regarding claim 6, Imaji teaches lithium transition metal oxides, LiMO2 (para 0166).
Regarding claim 7, Imaji further teaches a separator (para 00129). Imaji does not teach a wound electrode assembly and a prismatic case housing the electrode assembly; however, Official Notice is taken with respect to a wound electrode assembly and a prismatic case. Wound and stacked electrode assemblies are commonly known in the art as well as cylindrical, pouch, and prismatic case-type batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the recited shape viewed as design choice.
Regarding claim 8, Imaji teaches PVdF (para 0163).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. Imaji teaches the electrolyte is a mixture of EC:DEC in a volume ratio of 1:1 (para 0263), not containing more than 60% DEC.
Conclusion
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
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