CTNF 18/281,082 CTNF 86779 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Status of Claims and Other Notes Claims 1–19 are pending. 07-06 AIA 15-10-15 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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0145700 A1. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 08 September 2023 and 20 May 2025 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings 06-22 AIA The drawings are objected to because : The view numbers are preceded by "Figure." View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear. See 37 CFR 1.84 (u)(1). The view numbers of FIGS. 1–5 are not larger than the letters, numbers, and reference characters used in the drawing. The view numbers must be larger than the numbers used for reference characters. See 37 CFR 1.84 (u)(2). Reference character 10 has both a lead line and is underlined. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. It is unclear if reference character 10 designates the element specified by the lead line or the surface or cross section on which it is placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing. See 37 CFR 1.84 (q) . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 06-11-01 AIA The following title is suggested: NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY INCLUDING POSITIVE ELECTRODE CONTAINING LITHIUM NICKEL MANGANESE OXIDE AND CONDUCTIVE MATERIAL . Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1–19 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. Claim 1 recites the limitation "a sealing assembly that seals an opening of an upper end of the exterior and that is connected to the positive electrode." It is unclear if the phrase "that is connected to the positive electrode" is further limiting "an upper end of the exterior" or "a sealing assembly." The Office recommends the limitation "a sealing assembly that seals an opening of an upper end of the exterior , and the sealing assembly is connected to the positive electrode." Claim 1 recites the limitation "a positive electrode mixture layer formed on a surface of the positive electrode current collector and containing a positive electrode active material and a conductive agent." It is unclear if the phrase "containing a positive electrode active material and a conductive agent" is further limiting "a surface of the positive electrode current collector" or "a positive electrode mixture layer." The Office recommends the limitation "a positive electrode mixture layer formed on a surface of the positive electrode current collector , and the positive electrode mixture layer contains a positive electrode active material and a conductive agent." Claims 2–4 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–4 are also 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. Claim 5 recites the limitation "a sealing assembly that seals an opening of an upper end of the exterior and that is connected to the positive electrode." It is unclear if the phrase "that is connected to the positive electrode" is further limiting "an upper end of the exterior" or "a sealing assembly." The Office recommends the limitation "a sealing assembly that seals an opening of an upper end of the exterior , and the sealing assembly is connected to the positive electrode." Claim 5 recites the limitation "a positive electrode mixture layer formed on a surface of the positive electrode current collector and containing a positive electrode active material and a conductive agent." It is unclear if the phrase "containing a positive electrode active material and a conductive agent" is further limiting "a surface of the positive electrode current collector" or "a positive electrode mixture layer." The Office recommends the limitation "a positive electrode mixture layer formed on a surface of the positive electrode current collector , and the positive electrode mixture layer contains a positive electrode active material and a conductive agent." Claims 6 and 7 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 6 and 7 are also 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. Claim 8 recites the limitation "a total number of moles of metal elements excluding Li." Claim 1, which claim 8 is directly dependent, recites the limitation "a total number of moles of metal elements excluding Li." It is unclear if "a total number of moles of metal elements excluding Li" recited in claim 8 is further limiting or referencing "a total number of moles of metal elements excluding Li" recited in claim 1. The Office recommends the limitation " the total number of moles of the metal elements excluding Li." Claims 9 and 10 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 9 and 10 are also 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. Claim 11 recites the limitation " the general formula Li a Ni 2-a O 2 (0<a≤0.5)." The parentheses renders the claim indefinite because it is unclear whether the limitation within the parentheses are part of the claimed invention. See MPEP § 2173.05(d). The Office recommends the limitation " the general formula Li a Ni 2-a O 2 , where 0<a≤0.5 ." Claim 12 recites the limitation " the general formula Li a Ni 2-a O 2 (0<a≤0.5)." The parentheses renders the claim indefinite because it is unclear whether the limitation within the parentheses are part of the claimed invention. See MPEP § 2173.05(d). The Office recommends the limitation " the general formula Li a Ni 2-a O 2 , where 0<a≤0.5 ." Claims 13 and 14 are directly dependent from claim 5 and include all the limitations of claim 5. Therefore, claims 13 and 14 are also 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. Claim 15 recites the limitation "a total number of moles of metal elements excluding Li." Claim 5, which claim 15 is directly dependent, recites the limitation "a total number of moles of metal elements excluding Li." It is unclear if "a total number of moles of metal elements excluding Li" recited in claim 15 is further limiting or referencing "a total number of moles of metal elements excluding Li" recited in claim 5. The Office recommends the limitation " the total number of moles of the metal elements excluding Li." Claims 16 and 17 are directly dependent from claim 5 and include all the limitations of claim 5. Therefore, claims 16 and 17 are also 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. Claim 18 recites the limitation " the general formula Li a Ni 2-a O 2 (0<a≤0.5)." The parentheses renders the claim indefinite because it is unclear whether the limitation within the parentheses are part of the claimed invention. See MPEP § 2173.05(d). The Office recommends the limitation " the general formula Li a Ni 2-a O 2 , where 0<a≤0.5 ." Claim 19 recites the limitation " the general formula Li a Ni 2-a O 2 (0<a≤0.5)." The parentheses renders the claim indefinite because it is unclear whether the limitation within the parentheses are part of the claimed invention. See MPEP § 2173.05(d). The Office recommends the limitation " the general formula Li a Ni 2-a O 2 , where 0<a≤0.5 ." 07-30-03-h AIA Claim Interpretation Claims 1 and 5 recite the limitation "substantially no Co." The instant specification defines the term as "containing only less than or equal to 0.01 mol % of Co relative to a total amount of metal elements excluding Li" (e.g., [0044]). Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1–6, 8, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kojima et al. (US 2013/0224575 A1, hereinafter Kojima) in view of Kawamura et al. (US 2003/0064285 A1, hereinafter Kawamura) as evidenced by Enomoto et al. (WO 2001/059856 A1; see English language equivalent, US 2003/0035993 A1; hereinafter Enomoto) . Regarding claims 1–4 , Kojima discloses a non-aqueous electrolyte secondary battery, comprising: an electrode assembly (1, 2, 3) in which a band-shaped positive electrode (1) and a band-shaped negative electrode (2) are wound with a separator (3) interposed therebetween (FIG. 1, [0098]); a bottomed cylindrical exterior (4, [0085]) that houses the electrode assembly (1, 2, 3) and that is connected to the negative electrode (3; [0099], [0102]); and a sealing assembly (9) that seals an opening of an upper end of the exterior (4) and that is connected to the positive electrode (1; [0100], [0102]), wherein the positive electrode (1) includes a positive electrode current collector; and a positive electrode mixture layer formed on a surface of the positive electrode current collector and containing a positive electrode active material and a conductive agent (see positive electrode, [0093]), the positive electrode active material includes a lithium-containing composite oxide (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]), and the lithium-containing composite oxide has a layered rock-salt structure (see layered, [0077]), contains substantially no Co, and contains at least Ni and Mn (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]), a content rate of Ni in the lithium-containing composite oxide is greater than or equal to 70 mol % relative to a total number of moles of metal elements excluding Li (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]), a basis weight of the positive electrode mixture layer is greater than or equal to 250 g/m 2 (see application amount for one surface was 23 mg/cm 2 , [0093]). Kojima discloses an application amount of the positive electrode mixture layer is 23 mg/cm 2 per surface (see 23 mg/cm 2 , [0093]) and the positive electrode mixture layer is applied to both surfaces of the positive electrode current collector (see application, [0093]). A basis weight of the positive electrode mixture layer is 460 g/m 2 (i.e., number of coatings applied × application amount = 2 × 23 mg/cm 2 × 100 2 cm 2 /1 m 2 × 1 g/1000 mg = 2 × 10 × 23 mg/cm 2 × cm 2 /m 2 × g/mg = 460 g/m 2 ). Kojima does not explicitly disclose: a bottomed cylindrical exterior with greater than or equal to 25 mm in outer diameter; in the electrode assembly, greater than or equal to three positive electrode leads are drawn out; wherein the positive electrode leads are arranged on an upper surface of the electrode assembly in substantially one line in a radial direction; wherein the positive electrode leads are arranged on an upper surface of the electrode assembly with substantially same angles; wherein the positive electrode has a positive electrode current collector exposed portion where the positive electrode current collector is exposed on an upper end, and the positive electrode leads are connected to the positive electrode current collector exposed portion. Enomoto discloses a non-aqueous electrolyte secondary battery (10, [0078]), comprising a bottomed cylindrical exterior (13) with greater than or equal to 25 mm in outer diameter (see diameter, [0085]); in the electrode assembly (1), greater than or equal to three positive electrode leads (5A) are drawn out (FIG. 1, [0098]); wherein the positive electrode leads (5A) are arranged on an upper surface of the electrode assembly (1) in substantially one line in a radial direction (FIG. 1, [0098]); wherein the positive electrode leads (5A) are arranged on an upper surface of the electrode assembly (1) with substantially same angles (FIG. 1, [0098]); wherein the positive electrode has a positive electrode current collector exposed portion (6) where the positive electrode current collector (6) is exposed on an upper end (FIG. 1, [0098]), and the positive electrode leads (5A) are connected to the positive electrode current collector exposed portion (6, [0098]) to improve the space-saving characteristic of the non-aqueous electrolyte secondary battery (see lithium secondary battery, [0079]). Enomoto discloses a bottomed cylindrical exterior is detailed in WO 01/59856 A1 (see English language equivalent, US 2003/0035993 A1), which discloses the bottomed cylindrical exterior (16) has an outer diameter greater than or equal to 25 mm (TABLE 1, [0093]). Kojima and Enomoto are analogous because they are directed to non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the non-aqueous electrolyte secondary battery of Kojima with the bottomed cylindrical exterior and positive electrode leads of Enomoto in order to improve the space-saving characteristic of the non-aqueous electrolyte secondary battery. Regarding claim 6 , modified Kojima discloses all the claim limitations as set forth above and further discloses a non-aqueous electrolyte secondary battery: wherein the conductive agent includes carbon fiber (see conductive fibers, [0078]), and a content of the carbon fiber in the positive electrode mixture layer is greater than or equal to 0.1 part by mass and less than or equal to 12.5 part by mass relative to 100 parts by mass of the positive electrode active material (see conductivity enhancing agent, [0082]). Although Kojima does not explicitly disclose a range of greater than or equal to 0.01 part by mass and less than or equal to 1 part by mass relative to 100 parts by mass of the positive electrode active material, Kojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari , 182 USPQ 549. Regarding claim 8 , modified Kojima discloses all the claim limitations as set forth above and further discloses a non-aqueous electrolyte secondary battery: wherein a content rate of Ni in the lithium-containing composite oxide is greater than or equal to 70 mol % and less than or equal to 95 mol % relative to a total number of moles of metal elements excluding Li (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]). Regarding claim 5 , Kojima discloses a non-aqueous electrolyte secondary battery, comprising: an electrode assembly (1, 2, 3) in which a band-shaped positive electrode (1) and a band-shaped negative electrode (2) are wound with a separator (3) interposed therebetween (FIG. 1, [0098]); a bottomed cylindrical exterior (4, [0085]) that houses the electrode assembly (1, 2, 3) and that is connected to the negative electrode (3; [0099], [0102]); and a sealing assembly (9) that seals an opening of an upper end of the exterior (4) and that is connected to the positive electrode (1; [0100], [0102]), wherein the positive electrode (1) includes a positive electrode current collector; and a positive electrode mixture layer formed on a surface of the positive electrode current collector and containing a positive electrode active material and a conductive agent (see positive electrode, [0093]), the positive electrode active material includes a lithium-containing composite oxide (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]), and the lithium-containing composite oxide has a layered rock-salt structure (see layered, [0077]), contains substantially no Co, and contains at least Ni and Mn (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]), a content rate of Ni in the lithium-containing composite oxide is greater than or equal to 70 mol % relative to a total number of moles of metal elements excluding Li (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]), a basis weight of the positive electrode mixture layer is greater than or equal to 250 g/m 2 (see application amount for one surface was 23 mg/cm 2 , [0093]). Kojima discloses an application amount of the positive electrode mixture layer is 23 mg/cm 2 per surface (see 23 mg/cm 2 , [0093]) and the positive electrode mixture layer is applied to both surfaces of the positive electrode current collector (see application, [0093]). A basis weight of the positive electrode mixture layer is 460 g/m 2 (i.e., number of coatings applied × application amount = 2 × 23 mg/cm 2 × 100 2 cm 2 /1 m 2 × 1 g/1000 mg = 2 × 10 × 23 mg/cm 2 × cm 2 /m 2 × g/mg = 460 g/m 2 ). Kojima does not explicitly disclose: a bottomed cylindrical exterior with greater than or equal to 25 mm in outer diameter; in the electrode assembly, the positive electrode protruding above the negative electrode and the separator is connected to a positive electrode current collecting member, and the positive electrode current collecting member and the sealing assembly are connected with a positive electrode lead. Enomoto discloses a non-aqueous electrolyte secondary battery (10, [0078]), comprising a bottomed cylindrical exterior (13) with greater than or equal to 25 mm in outer diameter (see diameter, [0085]); in the electrode assembly (1), the positive electrode (1) protruding above the negative electrode (2) and the separator (3) is connected to a positive electrode current collecting member (7A, [0099]), and the positive electrode current collecting member (7A) and a sealing assembly (14A) are connected with a positive electrode lead (8A, [0100]) to improve the space-saving characteristic of the non-aqueous electrolyte secondary battery (see lithium secondary battery, [0079]). Enomoto discloses a bottomed cylindrical exterior is detailed in WO 01/59856 A1 (see English language equivalent, US 2003/0035993 A1), which discloses the bottomed cylindrical exterior (16) has an outer diameter greater than or equal to 25 mm (TABLE 1, [0093]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the non-aqueous electrolyte secondary battery of Kojima with the bottomed cylindrical exterior, positive electrode current collecting member, and positive electrode lead of Enomoto in order to improve the space-saving characteristic of the non-aqueous electrolyte secondary battery. Regarding claim 13 , modified Kojima discloses all the claim limitations as set forth above and further discloses a non-aqueous electrolyte secondary battery: wherein the conductive agent includes carbon fiber (see conductive fibers, [0078]), and a content of the carbon fiber in the positive electrode mixture layer is greater than or equal to 0.1 part by mass and less than or equal to 12.5 part by mass relative to 100 parts by mass of the positive electrode active material (see conductivity enhancing agent, [0082]). Although Kojima does not explicitly disclose a range of greater than or equal to 0.01 part by mass and less than or equal to 1 part by mass relative to 100 parts by mass of the positive electrode active material, Kojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari , 182 USPQ 549. Regarding claim 15 , modified Kojima discloses all the claim limitations as set forth above and further discloses a non-aqueous electrolyte secondary battery: wherein a content rate of Ni in the lithium-containing composite oxide is greater than or equal to 70 mol % and less than or equal to 95 mol % relative to a total number of moles of metal elements excluding Li (see Li 1.02 Ni 0.94 Mn 0.03 Mg 0.03 O 2 , [0093]) . 07-21-aia AIA Claim s 7 and 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kojima (US 2013/0224575 A1) in view of Kawamura (US 2003/0064285 A1) as evidenced by Enomoto (WO 2001/059856 A1; see English language equivalent, US 2003/0035993 A1) as applied to claims 1 and 5 above as evidenced by Ookita et al. (US 2012/0052386 A1, hereinafter Ookita) . Regarding claims 7 and 14 , modified Kojima discloses all the claim limitations as set forth above and further discloses a non-aqueous electrolyte secondary battery: wherein the conductive agent includes acetylene black (see conductivity enhancing agent, [0078]), and a content of the acetylene black included in the positive electrode mixture layer is greater than or equal to 1 part by mass and less than or equal to 3 parts by mass relative to 100 parts by mass of the positive electrode active material (see conductivity enhancing agent, [0082]). Although Kojima does not explicitly disclose a range of greater than or equal to 0.01 part by mass and less than or equal to 1 part by mass relative to 100 parts by mass of the positive electrode active material, Kojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari , 182 USPQ 549. Kojima does not explicitly disclose: acetylene black is an amorphous carbon. Ookita discloses acetylene black is a specific example of an amorphous carbon (see acetylene black, [0027]). "Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada , 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, Kojima inherently discloses an amorphous carbon 07-21-aia AIA Claim s 9, 10, 16, and 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kojima (US 2013/0224575 A1) in view of Kawamura (US 2003/0064285 A1) as evidenced by Enomoto (WO 2001/059856 A1; see English language equivalent, US 2003/0035993 A1) as applied to claims 1 and 5 above as evidenced by Park et al. (US 2015/0340692 A1, hereinafter Park) . Regarding claims 9, 10, 16, and 17 , modified Kojima discloses all the claim limitations as set forth above, but does not explicitly disclose a non-aqueous electrolyte secondary battery" wherein the positive electrode mixture layer further contains Li 2 NiO 2 . wherein a mass of Li 2 NiO 2 included in the positive electrode mixture layer is greater than or equal to 1 part by mass and less than or equal to 10 parts by mass relative to 100 parts by mass of the positive electrode active material included in the positive electrode mixture layer. Park discloses a positive electrode mixture layer further contains Li 2 NiO 2 ; wherein a mass of Li 2 NiO 2 included in the positive electrode mixture layer is greater than or equal to 1 part by mass and less than or equal to 10 parts by mass relative to 100 parts by mass of the positive electrode active material included in the positive electrode mixture layer to prevent deterioration of the cycle characteristics of the battery (see Li 2 NiO 2 , [0023]). Kojima and Park are analogous because they are directed to non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the positive electrode mixture layer of modified Kojima with Li 2 NiO 2 of Park in order to prevent deterioration of the cycle characteristics of the battery . 07-21-aia AIA Claim s 11, 12, 18, and 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kojima (US 2013/0224575 A1) in view of Kawamura (US 2003/0064285 A1) as evidenced by Enomoto (WO 01/59856 A1; see English language equivalent, US 2003/0035993 A1) as applied to claims 1 and 5 above as evidenced by Huang et al. (US 2017/0214044 A1, hereinafter Huang) . Regarding claims 11, 12, 18, and 19 , modified Kojima discloses all the claim limitations as set forth above, but does not explicitly disclose a non-aqueous electrolyte secondary battery: wherein the positive electrode mixture layer further contains a compound represented by the general formula Li a Ni 2-a O 2 , where 0<a≤0.5; wherein a mass of the compound included in the positive electrode mixture layer and represented by the general formula Li a Ni 2-a O 2 , where 0<a≤0.5, is greater than or equal to 0.1 part by mass and less than or equal to 5 parts by mass relative to 100 parts by mass of the positive electrode active material included in the positive electrode mixture layer. Huang discloses a positive electrode mixture layer further contains a compound represented by the general formula Li a Ni 2-a O 2 , where 0<a≤0.5 (see Li 0.4 Ni 1.6 O 2 , [0039]); wherein a mass of the compound included in the positive electrode mixture layer and represented by the general formula Li a Ni 2-a O 2 , where 0<a≤0.5, is greater than or equal to 0.1 part by mass and less than or equal to 5 parts by mass relative to 100 parts by mass of the positive electrode active material included in the positive electrode mixture layer (FIG. 8, [0039]) to improve the performances of the electrical properties of the positive electrode (see cathode, [0041]). Kojima and Huang are analogous because they are directed to non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the positive electrode mixture layer of modified Kojima with the Li a Ni 2-a O 2 of Huang in order to improve the performances of the electrical properties of the positive electrode . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Weng (CN 106571463 A) discloses a positive electrode (1) includes a positive electrode current collector (see aluminum foil, [0034]); and a positive electrode mixture layer formed on a surface of the positive electrode current collector and containing a positive electrode active material and a conductive agent (see slurry, [0034]), the positive electrode active material includes a lithium-containing composite oxide (see LiNi0.5Co0.2Mn0.2O2, [0034]), and the lithium-containing composite oxide has a layered rock-salt structure contains at least Ni and Mn (see LiNi0.5Co0.2Mn0.2O2, [0034]), a basis weight of the positive electrode mixture layer is greater than or equal to 250 g/m 2 (see surface density, [0034]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT. 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, Basia A Ridley can be reached at (571)272-1453. 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. /Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725 Application/Control Number: 18/281,082 Page 2 Art Unit: 1725 Application/Control Number: 18/281,082 Page 3 Art Unit: 1725 Application/Control Number: 18/281,082 Page 4 Art Unit: 1725 Application/Control Number: 18/281,082 Page 5 Art Unit: 1725 Application/Control Number: 18/281,082 Page 6 Art Unit: 1725 Application/Control Number: 18/281,082 Page 7 Art Unit: 1725 Application/Control Number: 18/281,082 Page 8 Art Unit: 1725 Application/Control Number: 18/281,082 Page 9 Art Unit: 1725 Application/Control Number: 18/281,082 Page 10 Art Unit: 1725 Application/Control Number: 18/281,082 Page 11 Art Unit: 1725 Application/Control Number: 18/281,082 Page 12 Art Unit: 1725 Application/Control Number: 18/281,082 Page 13 Art Unit: 1725 Application/Control Number: 18/281,082 Page 14 Art Unit: 1725 Application/Control Number: 18/281,082 Page 15 Art Unit: 1725 Application/Control Number: 18/281,082 Page 16 Art Unit: 1725 Application/Control Number: 18/281,082 Page 17 Art Unit: 1725 Application/Control Number: 18/281,082 Page 18 Art Unit: 1725 Application/Control Number: 18/281,082 Page 19 Art Unit: 1725 Application/Control Number: 18/281,082 Page 20 Art Unit: 1725
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