DETAILED CORRESPONDENCE 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. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-062506 , filed on April 1 st , 2021. Information Disclosure Statement The Information Disclosure Statements (IDS) submitted on September 18 th , 2023 and December 9 th , 2024 have been received and considered by the Examiner. Claim Interpretation All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language. Prior Art Shimano US PG Publication 2012/0244413 (“Shimano”) Leng US PG Publication 2021/0167366 (“ Leng ”) Claim Rejections - 35 USC § 103 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Shimano US PG Publication 2012/0244413 in view of Leng US PG Publication 2021/0167366 . Regarding Claim 1, Shimano discloses a positive electrode active material for a non-aqueous electrolyte secondary battery (Abstract, entire disclosure dependent upon), the positive electrode active material comprising: a lithium-transition metal composite oxide Li a (Ni 1-( x+y ) Mn x CO y )O 2 having a layered structure and containing Ni (in the instance where M is Ni) ([0-011]-[0022], wherein the lithium-transition metal composite oxide comprises secondary particles that are aggregates of primary particles ([0027], [0089]), and wherein the lithium-transition metal composite oxide has a compound selected from a group including CaWO 4 ( which meets the claim limitation of A x B y O z in the instance where A is Ca, B is W, x is 1, y is 11, and z is 4 ) adhered to interfaces between the primary particles located at least inside the secondary particles ([0011]-[0013], [0065]-[0066], [0073]) . Shimano fails to explicitly disclose wherein the lithium-transition metal composite oxide contains Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O 1 . However, Leng discloses a positive electrode sheet for a secondary battery comprising a lithium transition metal oxide ([0007], entire disclosure dependent upon). Leng teaches that lithium transition metal oxides having a higher content of nickel, such as at least 80 mol% relative to the other transition metals, such that the lithium transition metal oxide may be defined as LiNi 0.8 Co 0.1 Mn 0.1 O 2 and may effectively improve energy density of a battery ([0041] , [0091], Table 1 ). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the positive electrode active material of Shimano such that the lithium-transition metal composite oxide contains Ni in an amount of 80 mol% or more ( which falls within and therefore anticipates the claimed range of 75 mol% or more ) relative to the total molar amount of elements excluding Li and O and may be defined as LiNi 0.8 Co 0.1 Mn 0.1 O 2 in order to effectively improve energy density of the battery, as taught by Leng . 1 The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). Regarding Claim 2, Shimano in view of Leng teaches the instantly claimed positive electrode active material according to Claim 1, and Shimano discloses wherein the compound CaWO 4 is present in an amount of 1 part by weight or more per 100 parts by weight of the lithium transition metal composite oxide ([0069]) . The skilled artisan would recognize that with a molecular mass of 287.918 g/mol for CaWO 4 and 97.2825 g/mol for LiNi 0.8 Co 0.1 Mn 0.1 O 2 , 1 part by weight CaWO 4 to every 100 parts by weight of LiNi 0.8 Co 0.1 Mn 0.1 O 2 would result in 0.003 mol CaWO 4 for every 1.028 mol LiNi 0.8 Co 0.1 Mn 0.1 O 2. And, therefore, Shimano in view of Leng discloses wherein the content of element A (wherein A is Ca) in the compound CaWO 4 is at least 0.29 mol% ( which overlaps the claimed range of 3 mol% or less ) 2 relative to the total molar amount of elements excluding Li and O in the lithium transition metal composite oxide and the compound. 2 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). Regarding Claim 3, Shimano in view of Leng teaches the instantly claimed positive electrode active material according to Claim 1, and Shimano in view of Leng discloses wherein the lithium-transition metal composite oxide LiNi 0.8 Co 0.1 Mn 0.1 O 2 contains an element M that is Co and Mn ( which meets the claim limitation of at least one selected from Mn, Al, Co, Fe, Ti, Si, Nb, Mo, W, and Zr ), and wherein the content of the element M is 10 mol% ( which falls within and therefore anticipates the claimed range of greater than or equal to 5 mol% and less than or equal to 25 mol% ) relative to the total molar amount of elements excluding Li and O ( Leng [0091], Table 1). Regarding Claim 4, Shimano in view of Leng teaches the instantly claimed positive electrode active material according to Claim 1, and Shimano discloses wherein the lithium-transition metal composite oxide has a BET specific surface area of 3 m 2 /g to 15 m 2 /g ( which overlaps the claimed range of greater than or equal to 0.5 m 2 /g and less than or equal to 3.5 m 2 /g ) 2 ([0026]). Regarding Claim 5, Shimano discloses a non-aqueous electrolyte secondary battery ([0011]) comprising: a positive electrode containing the positive electrode active material of Shimano in view of Leng as described in the rejection of Claim 1 above ( [0011], [0101]); a negative electrode ([0101]); and a non-aqueous electrolyte ([0101]). Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claim s 1 -2 are provisionally rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over Claims 1 -2 and 5 of copending Application 18/998,681. Instant Claim 1 (1) A positive electrode active material for a non-aqueous electrolyte secondary battery, the positive electrode active material comprising: a lithium-transition metal composite oxide having a layered structure and containing Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O, wherein the lithium-transition metal composite oxide comprises secondary particles that are aggregates of primary particles, and wherein the lithium-transition metal has a compound represented by a general formula A x B y O z (where 1≤x≤2, 1≤y≤5, 4≤z≤9, A is at least one selected from Ca and Sr, and B is at least one selected from W, Mo, Ti, Si, Nb, and Zr) adhered to interfaces between the primary particles located at least inside the secondary particles. Copending Claim 1 (1) A positive electrode active material for non-aqueous electrolyte secondary battery, including a lithium transition metal composite oxide which has a layered structure and which is represented by general formula Li x Ni a Co b Mn c M1 d O 2-y (where 0.95≤x≤1.05, 0.75≤a≤0.95, 0≤b≤0.15, 0≤c≤0.25, 0≤d≤0.10, 0≤y<0.05, a+b+c+d =1, and M1 is at least one element selected from the group consisting of W, Mg, Mo, Nb, Ti, Si, Al, and Zr), wherein the lithium transition metal composite oxide includes secondary particles formed by aggregation of primary particles, a first surface modification layer containing at least one of Ca and Sr and also containing at least one element selected from the group consisting of W, Mo, Ti, Si, Nb, and Zr is present at a surface of the primary particles, and a second surface modification layer containing at least one element selected from the group consisting of Al, Zr, B, W, Ti, Mg, Co, and Si is present at a surface of the secondary particles. Copending Claim 5 (5) The positive electrode active material for non-aqueous electrolyte secondary battery according to claim 1, wherein a compound represented by general formula M2 α M3 β O γ (where 1≤α≤2, 1≤β≤5, 4≤γ≤9, M2 is at least one element selected from Ca and Sr, and M3 is at least one element selected from the group consisting of W, Mo, Ti, Si, Nb, and Zr) is adhered to the surface of the primary particles of the lithium transition metal composite oxide. Instant Claim 2 (2) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1, wherein the content of the element A in the compound is 3 mol% or less relative to the total molar amount of elements excluding Li and O in the lithium-transition metal composite oxide and the compound. Copending Claim 2 (2) The positive electrode active material for non-aqueous electrolyte secondary battery according to claim 1, wherein a total amount of Ca and Sr contained in the first surface modification layer is less than or equal to 3 mol% based on a total number of moles of metal elements other than I in the lithium transition metal composite oxide. Although the copending claims are not identical, they are not patentably distinct from each other because the claims compared above are substantially the same, the copending claims having a scope that encompasses that of the instant claim. The skilled artisan would recognize that the lithium transition metal composite oxide compound of the copending application would contain Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O and that the copending surface modification of the primary particles as defined in copending Claims 1 and 5 would be present at interfaces between the primary particles located at least inside the secondary particles. Claims 1-2 and 5 are provisionally rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over Claims 1-2, 4, and 10 of copending Application 18/730,957. Instant Claim 1 (1) A positive electrode active material for a non-aqueous electrolyte secondary battery, the positive electrode active material comprising: a lithium-transition metal composite oxide having a layered structure and containing Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O, wherein the lithium-transition metal composite oxide comprises secondary particles that are aggregates of primary particles, and wherein the lithium-transition metal has a compound represented by a general formula A x B y O z (where 1≤x≤2, 1≤y≤5, 4≤z≤9, A is at least one selected from Ca and Sr, and B is at least one selected from W, Mo, Ti, Si, Nb, and Zr) adhered to interfaces between the primary particles located at least inside the secondary particles. Copending Claim 1 (1) A positive electrode active material for a non-aqueous electrolyte secondary battery, including a lithium-containing composite oxide having a layered rock-salt structure and represented by the general formula Li x Ni a Co b Mn c M1 d O 2-y , wherein 0.95≤x≤1.05, 0.75≤a≤0.95, 0≤b≤0.15, 0≤c≤0.25, 0≤d≤0.10, 0≤y<0.05, a+b+c+d =1, and M1 represents at least one element selected from the group consisting of W, Mg, Mo, Nb, Ti, Si, Al, and Zr, wherein the lithium-containing composite oxide includes secondary particles each formed by aggregation of primary particles, and on surfaces of the secondary particles or on interfaces between the primary particles, a sulfonate compound represented by the general formula I, at least one element selected from the group consisting of Ca and Sr, and at least one element selected from the group consisting of W, Mo, Ti, Si, Nb, and Zr, are present, [Formula 1] wherein A represents a group I element or a group II element, R represents a hydrocarbon group, and “n” represents 1 or 2. Copending Claim 4 (4) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1 wherein, on the surfaces of the secondary particles or on the interfaces between the primary particles, a compound represented by the general formula M2 α M3 β O γ , wherein 1≤α≤2, 1≤β≤5, 4≤γ≤9, M2 is at least one element selected from Ca and Sr, and M3 is at least one element selected from the group consisting of W, Mo, Ti, Si, Nb, and Zr, is stuck. Instant Claim 2 (2) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1, wherein the content of the element A in the compound is 3 mol% or less relative to the total molar amount of elements excluding Li and O in the lithium-transition metal composite oxide and the compound. Copending Claim 2 (2) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1, wherein a total amount of Ca and Sr on the surfaces of the secondary particles and on the interfaces between the primary particles is less than or equal to 2 mol% relative to a total amount of moles of metal elements in the lithium-containing composite oxide excluding Li. Instant Claim 5 (5) A non-aqueous electrolyte secondary battery comprising: a positive electrode containing the positive electrode active material according to claim 1; a negative electrode; and a non-aqueous electrolyte. Copending Claim 10 (10) A non-aqueous electrolyte secondary battery, comprising: a positive electrode including the positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1; a negative electrode; and a non-aqueous electrolyte. Although the copending claims are not identical, they are not patentably distinct from each other because the claims compared above are substantially the same, the copending claims having a scope that encompasses that of the instant claim. The skilled artisan would recognize that the lithium-containing composite oxide of the copending application would contain Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O. And that the compound of the copending application reads on the instantly claimed compound in the instance wherein the compound is present on interfaces between primary particles, wherein the primary particles are located inside of the secondary particles. Claims 1-2 and 5 are provisionally rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over Claims 1-5 of copending Application 18/693,694. Instant Claim 1 (1) A positive electrode active material for a non-aqueous electrolyte secondary battery, the positive electrode active material comprising: a lithium-transition metal composite oxide having a layered structure and containing Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O, wherein the lithium-transition metal composite oxide comprises secondary particles that are aggregates of primary particles, and wherein the lithium-transition metal has a compound represented by a general formula A x B y O z (where 1≤x≤2, 1≤y≤5, 4≤z≤9, A is at least one selected from Ca and Sr, and B is at least one selected from W, Mo, Ti, Si, Nb, and Zr) adhered to interfaces between the primary particles located at least inside the secondary particles. Copending Claim 1 (1) A positive electrode active material for a non-aqueous electrolyte secondary battery, including a lithium-transition metal composite oxide having a layered structure and represented by the general formula Li x Ni a Mn b Al c Co d M e O 2-y , wherein 0.95<x<1.05, 0.75≤a≤0.95, 0.05≤b≤0.25, 0≤c≤0.2, 0≤d<0.05, 0≤e≤0. 03, 0≤y<0.05, a+b+c =1, and M represents at least one element selected from the group consisting of Fe, Ti, Si, Nb, Mo, W, and Zr, wherein the lithium-transition metal composite oxide is of secondary particles formed by aggregation of primary particles, and a compound containing at least one selected from the group consisting of Ca and Sr, and at least one selected from the group consisting of W, Mo, Ti, and Zr adheres to at least an interface between the primary particles inside the secondary particles. Copending Claim 3 (3) The positive electrode active material for a non-aqueous electrolyte secondary battery according to Claim 1, wherein the compound is an oxide. Copending Claim 4 (4) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 3, wherein a composition of the oxide is represented by the general formula A α B β O γ wherein 1≤α≤2, 1≤β≤2, 3≤γ≤6, A represents at least one selected from the group consisting of Ca and Sr, and B represented at least one selected from the group consisting of W, Mo, Ti, and Zr. Instant Claim 2 (2) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1, wherein the content of the element A in the compound is 3 mol% or less relative to the total molar amount of elements excluding Li and O in the lithium-transition metal composite oxide and the compound. Copending Claim 2 (2) The positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1, wherein a total amount of Ca and Sr in the compound is less than or equal to 2 mol% relative to a total molar amount of metal elements excluding Li in the lithium-transition metal composite oxide. Instant Claim 5 (5) A non-aqueous electrolyte secondary battery comprising: a positive electrode containing the positive electrode active material according to claim 1; a negative electrode; and a non-aqueous electrolyte. Copending Claim 5 (5) A non-aqueous electrolyte secondary battery comprising: a positive electrode containing the positive electrode active material according to claim 1; a negative electrode; and a non-aqueous electrolyte. Although the copending claims are not identical, they are not patentably distinct from each other because the claims compared above are substantially the same, the copending claims having a scope that encompasses that of the instant claim. The skilled artisan would recognize that the lithium-transition metal composite oxide of the copending application would contain Ni in an amount of 75 mol% or more relative to the total molar amount of elements excluding Li and O. And, further, that the instantly claimed compound has several examples that would satisfy the claimed formula of both the instant application and the copending application including, but not limited to, CaWO 4 . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT OLIVIA MASON RUGGIERO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-4652 . 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