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
This is a final office action in response to Applicant's remarks and amendments filed on 6/15/2026. Claim 1 is currently amended. Claim 2 is cancelled. Claims 1 and 3-4 are pending review in this action.
The 35 U.S.C. 112 and 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant's arguments filed 6/15/2026 have been fully considered but they are not persuasive.
Examiner notes that claim 2 was canceled and amendments to claim 1 change the scope of the invention in a manner wherein the non-uniform distribution of the lithium carbonate in the positive electrode mixture layer is reversed such that the content in a region proximate the electrode core is greater than the content at the surface side. The amendment necessitates new grounds of rejection, and thus, Applicant’s arguments towards the cited prior art of record which pertain which pertain strictly to the new scope of amended claim 1 are relevant and addressed herein.
In particular, Applicant argues that none of the cited prior art teach or suggest that a content of the lithium carbonate is smaller in a second region of the positive electrode mixture layer positioned at a surface side than in a first region positioned at a side of the positive electrode core. However, Examiner disagrees. Honoki discloses the positive electrode comprises a positive electrode core 2 and a positive electrode mixture layer 3/3a formed over the positive electrode core, the lithium carbonate is present in a non-uniform concentration distribution in a thickness direction of the positive electrode mixture layer (i.e., the positive active material layer 3a/3 including an outer high concentration region or outer layer 5 and an inner low concentration region or inner layer 4), and a content of the lithium carbonate is smaller in a second region of the positive electrode mixture layer positioned at a surface side (i.e., high concentration region or layer 5) than in a first region positioned at a side of the positive electrode core (i.e., low concentration region or inner layer 4). Specifically, referring to Table 1 of Honoki, it can be observed that positive electrode of Examples 2, 3 and comparative example 3 are disclosed to have proportions of lithium carbonate in the respective inner layers being higher in inner layers relative to that in the outer layers. That is, while the outer layers are still higher in lithium carbonate concentrations with respect to the positive electrode active material, the proportion of the total the lithium carbonate in the entire positive electrode active material layer 3/3a is higher in the inner layers than in the outer layers, where the low/high concentration requirements are maintained based on thicknesses of the much thicker inner and thinner outer layer, respectively.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honoki (US20120094177A1 – refer to IDS filed 9/12/2023) in view of Sakida (US20190044152A1).
Regarding Claim 1, Honoki discloses a non-aqueous electrolyte secondary battery 10 [pars. 0024-27; 0056-58; Figs. 1-3] comprising:
a positive electrode 1;
a negative electrode 12;
a non-aqueous electrolyte (not shown) [par. 0057]; and
an outer housing 19, wherein
the positive electrode comprises a positive electrode core 2 and a positive electrode mixture layer 3/3a formed over the positive electrode core, and
the lithium carbonate is present in a non-uniform concentration distribution in a thickness direction of the positive electrode mixture layer (i.e., the positive active material layer 3a/3 including an outer high concentration region or outer layer 5 and an inner low concentration region or inner layer 4), and
a content of the lithium carbonate is smaller in a second region of the positive electrode mixture layer positioned at a surface side (i.e., high concentration region or layer 5) than in a first region positioned at a side of the positive electrode core (i.e., low concentration region or inner layer 4) {Specifically, refer to Table 1 which shows that positive electrode of Examples 2, 3 and comparative example 3 where the proportion of lithium carbonate in the respective inner layers is higher in inner layers relative to that in the outer layers. That is, while the outer layers are still higher in lithium carbonate concentrations with respect to the positive electrode active material, the proportion of the total the lithium carbonate in the entire positive electrode active material layer 3/3a is higher in the inner layers than in the outer layers, where the low/high concentration requirements are maintained based on thicknesses of the much thicker inner and thinner outer layer, respectively}.
Honoki further discloses the positive electrode mixture layer contains a positive electrode active material, and lithium carbonate, but fails to teach wherein the lithium carbonate is contained in an amount of greater than or equal to 0.05 mass % and less than or equal to 2 mass % relative to a mass of the positive electrode active material. However, Sakida, from the same field of endeavor, teaches a positive electrode plate containing lithium carbonate in an amount of 0.01% to 0.2% by mass with respect to the positive electrode active material in order to control battery cell characteristics in a high temperature environment and safety when the cell is overcharged, establishing the amount of lithium carbonate with respect to the positive electrode active material a result-effective variable [Sakida – pars. 0016-17]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for a skilled artisan to have controlled the amount of lithium carbonate in the positive electrode mixture layer of Honoki to be within the claimed range in order to provide optimal battery cell characteristics in a high temperature environment and safety when the cell is overcharged, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Honoki fails to discloses the outer housing includes a safety mechanism which is actuated when an internal pressure reaches a predetermined value. However, Sakida discloses a similar cylindrical type cell as Honoki comprising a safety mechanism (sealing member 21 including current breaker/valve 23) which is actuated when an internal pressure reaches a predetermined value in order to cut the current path in the sealing member to prevent the battery from igniting or exploding [Sakida – pars. 0003,0025,0040; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the battery of Honoki wherein the outer housing includes a safety mechanism which is actuated when an internal pressure reaches a predetermined value in order to cut the current path in the sealing member to prevent the battery from igniting or exploding.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honoki and Sakida, as applied to claim 1 above, and further in view of Kibune (US20170194628A1).
Regarding Claim 4, modified Honoki fails to explicitly teach wherein an average particle size of the lithium carbonate is smaller than an average particle size of the positive electrode active material. However, Kibune, from the same field of endeavor, discloses a positive electrode comprising a positive electrode mixture layer comprising a positive electrode active material (e.g., lithium transition metal oxide) and lithium carbonate (i.e., as a carbonate compound), wherein the average particle size of the lithium carbonate is smaller than an average particle size of the positive electrode active material in order to control dispersion of the lithium carbonate in the positive electrode mixture layer and provide improved effect of suppressing the degradation of charge capacity [Kibune – pars. 0017-24]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the positive electrode mixture layer of Honoki, wherein an average particle size of the lithium carbonate is smaller than an average particle size of the positive electrode active material in order to control dispersion of the lithium carbonate in the positive electrode mixture layer and provide improved effect of suppressing the degradation of charge capacity.
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.
Regarding Claim 3, Honoki is the closest prior art of record which pertains to varying concentrations of lithium carbonate provided in a positive electrode mixture layer. However, Honoki fails to teach or suggest providing lithium carbonate only in a first region of the positive electrode mixture layer which is positioned at a side of the positive electrode core while the second region of the positive electrode mixture layer at a surface side thereof is free of lithium carbonate. In contrast, Honoki prefers the conventional configuration where the second region necessarily includes lithium carbonate. Thus, there is no teaching or suggestion that would motivate an ordinary skilled artisan to modify Honoki wherein the lithium carbonate is contained only in the first region of the positive electrode mixture layer at a side of the positive electrode core.
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 HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
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