DETAILED ACTION
Claims 12-27 are presented for examination, wherein claim 12 is currently amended; claims 15-27 are withdrawn; plus, claims 18-27 are newly added. Claims 1-11 are cancelled.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 15-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on May 12, 2026.
Applicant’s election with traverse of Group II is acknowledged. The traversal is on the ground(s) that amended claim 12 distinguishes technical features over Takahashi, specifically alleging (1) Takahashi does not disclose a lithium supplementing material, (2) does not disclose the six-parameter composite relational expression as claimed in claim 12, and (3) the instant application achieves significant technical effects (Remarks, at e.g. pp. 5-8.)
This is not found persuasive because while claims 1-11 were cancelled, newly added claims 18-27 are for the preamble subject matter of a “lithium supplementing slurry,” which is the same subject matter of Group I.
Regarding the May 12, 2026 filing, the common technical feature in Groups I-III (noting Group I being newly added claims 18-27), continues to be the limitations of the body of now-cancelled claim 1, i.e. the common technical feature of Groups I-III is still:
a lithium supplementing material, a conductive agent, and a binder, wherein the following relational expression is met:
25 ≤ 100*(M3*D50)/(M1*B1*M2*√B2) ≤ 10000;
wherein, D50 is an average particle size of the lithium supplementing material;
B1 is a specific surface area of the lithium supplementing material;
B2 is a specific surface area of the conductive agent;
M1 is the ratio of the mass of the lithium supplementing material to the mass of solid components in the lithium supplementing slurry;
M2 is the ratio of the mass of the conductive agent to the mass of the solid components in the lithium supplementing slurry; and
M3 is the ratio of the mass of the binder to the mass of the solid components in the lithium supplementing slurry.
(common technical feature of Groups I-III.)
However, as provided in the March 20, 2026, this element cannot be a special technical feature under PCT Rule 13.2 because the element is shown in the prior art. Takahasi et al (JP 2019/114396) teaches said limitations, see e.g. ¶¶ 0015-37, 41-46, 49-50, 87, and 91-99, noting the taught active materials include lithium, so are capable of releasing lithium, reading on “supplementing,” as claimed; and, the taught ranges of average particle size, specific surface areas, and proportions severably establish a prima facie case of obviousness of the claimed relational expression, see e.g. MPEP § 2144.05(I), see also instant specification, at e.g. ¶¶ 0018, 21, and 23.
As additional explanation, the examiner respectfully notes the instant specification expressly teaches lithium titanate may be the lithium supplementing material:
[0016] Preferably, the lithium supplementing material includes at least one lithium-containing metal oxide that is capable of lithium deintercalation.
…
[0019] Preferably, the lithium-containing metal oxide is any one of lithium phosphate, dilithium hydrogen phosphate, lithium sulfate, lithium sulfite, lithium molybdate, lithium oxalate, lithium titanate, lithium tetraborate, lithium metasilicate, lithium metamanganate, lithium tartrate, and trilithium citrate.
…
[0045] In some embodiments, the lithium-containing metal oxide is any one of lithium phosphate, dilithium hydrogen phosphate, lithium sulfate, lithium sulfite, lithium molybdate, lithium oxalate, lithium titanate, lithium tetraborate, lithium metasilicate, lithium metamanganate, lithium tartrate, and trilithium citrate. Compared with patent CN110838573A, in the present disclosure, by means of controlling the properties of related materials such as the lithium supplementing material and the conductive agent, various lithium supplementing materials may be effectively applied to the lithium supplementing slurry, and are not only limited to a lithium oxalate lithium supplementing slurry.
(Instant specification, at e.g. ¶¶ 0016, 19, and 45, emphasis added.)
Furthermore, the taught ranges of average particle size, specific surface areas, and proportions severably establish a prima facie case of obviousness of the claimed relational expression, see e.g. MPEP § 2144.05(I), see also instant specification, at e.g. ¶¶ 0018, 21, and 23. Merely for illustrative purposes, the examiner notes that the teachings of Takahashi may provide a relationship calculated as e.g. 0.02231 to 1603.
The instant Table is provided merely for illustrative purposes
Instant specification
Takahashi (JP 2019114396)
Overlap
Lithium Supplementing Material
lithium phosphate, dilithium hydrogen phosphate, lithium sulfate, lithium sulfite, lithium molybdate, lithium oxalate, lithium titanate, lithium tetraborate, lithium metasilicate, lithium metamanganate, lithium tartrate, and trilithium citrate (e.g. ¶¶ 0016, 19, and 45)
one or more of lithium iron phosphate and lithium titanate as electrode active materials (e.g. ¶¶ 0023, 49, 87, and 91)
lithium titanate
D50
0.5-12 µm (e.g. ¶0018)
0.2-6 µm (e.g. ¶0024)
0.5-6
SSA
0.3-15 m2/g (e.g. ¶0018)
0.1-10 m2/g (e.g. ¶¶ 95 and 99)
0.3-10 m2/g
M1 ratio
70-95 mass% (e.g. ¶0018)
90-94 mass% (e.g. ¶0023)
90-94 mass%
Conductive Agent
at least one of conductive carbon black, conductive graphite KS-6, conductive graphite SFG-6, Ketjen black EC300J, Ketjen black ECP, Ketjen black ECP-600JD, carbon fiber, carbon nanotubes, graphene, graphene oxide, or vapor grown carbon fiber (e.g. ¶0048)
mixture of first and second conductive additives may each be carbon black, Ketjen black (e.g. ¶¶ 0018 and 48);
mass ratio of first and second conductive additives: 20:80 to 80:20, including 1:1 (e.g. ¶¶ 0043-46)
conductive carbon black
SSA
20-300 m2/g (e.g. ¶0021)
first conductive additive SSA: 300-1400 m2/g;
second conductive additive SSA:10-200 m2/g (e.g. ¶¶ 0044-46);
mass ratio of first and second conductive additives
20:80 to 80:20, e.g. 1:1 (e.g. ¶¶ 0044-46);
Blended SSA (see instant specification, at e.g. ¶¶ 0020 and 46): 48-1160 m2/g
e.g. [300*20%+10*80% = 40+8 = 48] to [1400*80%+200*20% = 1120+40 = 1160]
48-300 m2/g
M2 ratio
0.1-15 mass% (e.g. ¶0021)
3-7 mass% e.g. (¶0023)
3-7 mass%
Binder
at least one of polyvinylpyrrolidone, polyvinylidene fluoride, polyethylene oxide, polytetrafluoroethylene, sodium carboxymethyl cellulose, or a copolymer of styrene and butadiene (e.g. ¶¶ 0023 and 49)
at least one of sodium carboxymethylcellulose, styrene-butadiene rubber, polyvinylidene fluoride, polytetrafluoroethylene (e.g. ¶¶ 0022, 51, 60, and 141)
at least one of sodium carboxymethylcellulose, styrene-butadiene rubber, polyvinylidene fluoride, polytetrafluoroethylene
M3 ratio
0.1-20 mass% (e.g. ¶0023)
2.5-5 mass% (e.g. ¶0023)
2.5-5 mass%
Finally, regarding what appears to be an allegation of unexpected results, an argument of counsel is insufficient to overcome a prima facie showing of obviousness. Since a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments or evidence to rebut the prima facie case. See e.g., In re Dillon, 919 F.2d 688, 692 (Fed. Cir. 1990). Rebuttal evidence and arguments can be presented by way of an affidavit or declaration under 37 CFR 1.132. However, arguments of counsel cannot take the place of factually supported objective evidence. See e.g., In re Huang, 100 F.3d 135, 139-40 (Fed. Cir. 1996). See also MPEP § 2145.
The showing of unexpected results must be commensurate in scope with the invention as claimed. The results must be due to the claimed features, not to unclaimed features.
The showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. MPEP § 716.02(d). Absent such showing, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” MPEP § 2144.05.
Furthermore, the unexpected property or result must actually be unexpected and of statistical and practical significance. MPEP § 716.02(a). Unexpected results for a claimed range, as compared with the range disclosed in the prior art, must be shown by a demonstration of “a marked improvement, over the results achieved under other ratios, as to be classified as a difference in kind, rather than one of degree.” See MPEP § 716.02.
The examiner respectfully notes that such a showing has not yet been provided.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 18-27 are objected to because of the status identifier should indicate said claims are withdrawn. Appropriate correction is respectfully required.
Claim Rejections - 35 USC § 112
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.
Claims 13-14 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.
Regarding claim 13, from which claim 14 depends, the limitations “the thickness of the positive electrode coating, “the thickness of the lithium supplementing coating,” and “the following relational expression” (emphasis added) severably do not have sufficient antecedent basis for said limitations in the claim.
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.
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.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lyu et al (CN 109585779, published 2019) in view of Takahashi et al (JP 2019/114396).
Regarding independent claim 12, Lyu teaches a lithium-ion battery comprising an electrode sheet, which may be a positive electrode sheet, said positive electrode sheet comprising:
(i) a current collector (e.g. item 1) with a thickness of 3 to 30 μm;
(ii) a first coating (e.g. item 2) formed from a uniformly mixed slurry that is uniformly coated on said current collector then dried, a thickness of said first coating is 10 to 300 μm, wherein said first coating of said positive electrode may be composed of
(ii.a) 90-98 wt% active substance A, which may be e.g. one or more of lithium titanate and lithium iron phosphate,
with a preferable D50 of 1-20µm and a preferable BET specific surface area of 0.3 to 15 m2/g;
(ii.b) 1-6 wt% conductive agent A, which may be e.g. carbon black, conductive graphite, carbon fiber, carbon nanotubes, and graphene; and,
(ii.c) 1-4 wt% binder A, which may be e.g. one or more of polyvinylidene fluoride, sodium carboxymethyl cellulose, and styrene-butadiene rubber latex; plus,
(iii) a second coating (e.g. item 3) formed from a uniformly mixed slurry that is uniformly coated on said first coating then dried, a thickness of said second coating is 5 to 100 μm, wherein said thickness of said first coating is greater than said thickness of said second coating,
wherein said second coating of said positive electrode may be composed of
(iii.a) 85-95 wt% active substance B, which may be e.g. one or more of lithium titanate and lithium iron phosphate,
with a preferable D50 of 0.2-10µm and a preferable BET specific surface area of 0.5 to 30 m2/g,
wherein said D50 of active substance A (preferably e.g. 20µm, see upper taught endpoint) is greater than said D50 of active substance B; and,
wherein said BET specific surface area of active substance A (preferably e.g. 0.3 m2/g, see lower taught endpoint) is smaller than that of active substance B;
(iii.b) 3-10 wt% conductive agent B, which may be e.g. one or more of graphite, carbon fiber, carbon nanotube, and graphene; and
(iii.c) 2-5% binder B, which may be e.g. one or more of polytetrafluoroethylene or polyvinylidene fluoride
(e.g. ¶¶ 0002, 10-17, 21-22, 30-34, 37, 40, and 50-51 plus e.g. Figure 1), noting that there does not appear to be patentable significance to the size and/or shape of a “plate” compared to the taught “sheet, see also e.g. MPEP § 2144.04(IV)(A/B), see also entire instant specification, said positive electrode sheet reading on “positive electrode plate,” said positive electrode sheet comprising:
(1) said first coating (e.g. item 2) formed from said uniformly mixed slurry that is uniformly coated on said current collector then dried, said thickness of said first coating is 10 to 300 μm (e.g. supra), further noting the process limitation “coating” does not patentably distinguish the instant invention from the art, see e.g. MPEP § 2113, reading on “a positive electrode coating;” and,
(2) said second coating (e.g. item 3) formed from said uniformly mixed slurry that is uniformly coated on said first coating then dried, said thickness of said second coating is 5 to 100 μm, wherein said second coating of said positive electrode may be composed of 85-95 wt% active substance B, which may be e.g. one or more of lithium titanate and lithium iron phosphate (e.g. supra),
noting the instant specification expressly teaches lithium titanate may be the lithium supplementing material:
[0016] Preferably, the lithium supplementing material includes at least one lithium-containing metal oxide that is capable of lithium deintercalation.
…
[0019] Preferably, the lithium-containing metal oxide is any one of lithium phosphate, dilithium hydrogen phosphate, lithium sulfate, lithium sulfite, lithium molybdate, lithium oxalate, lithium titanate, lithium tetraborate, lithium metasilicate, lithium metamanganate, lithium tartrate, and trilithium citrate.
…
[0045] In some embodiments, the lithium-containing metal oxide is any one of lithium phosphate, dilithium hydrogen phosphate, lithium sulfate, lithium sulfite, lithium molybdate, lithium oxalate, lithium titanate, lithium tetraborate, lithium metasilicate, lithium metamanganate, lithium tartrate, and trilithium citrate. Compared with patent CN110838573A, in the present disclosure, by means of controlling the properties of related materials such as the lithium supplementing material and the conductive agent, various lithium supplementing materials may be effectively applied to the lithium supplementing slurry, and are not only limited to a lithium oxalate lithium supplementing slurry.
(Instant specification, at e.g. ¶¶ 0016, 19, and 45, emphasis added), said second coating comprising said lithium titanate reading on “lithium supplementing coating;” and,
further noting the process limitations “coating,” “coated on,” and “prepared by a lithium supplementing slurry” (emphasis added) severably do not patentably distinguish the instant invention from the art, see e.g. MPEP § 2113, reading on “a lithium supplementing coating coated on the positive electrode coating; and the lithium supplementing coating is prepared by the lithium supplementing slurry, the lithium supplementing slurry comprising a lithium supplementing material, a conductive agent, and a binder,” but does not expressly teach the claimed limitation of relational expression,
wherein the following relational expression is met:
25 ≤ 100*(M3*D50)/(M1*B1*M2*√B2) ≤ 10000;
wherein, D50 is an average particle size of the lithium supplementing material;B1 is a specific surface area of the lithium supplementing material;B2 is a specific surface area of the conductive agent;M1 is the ratio of the mass of the lithium supplementing material to the mass of solid components in the lithium supplementing slurry;M2 is the ratio of the mass of the conductive agent to the mass of the solid components in the lithium supplementing slurry; andM3 is the ratio of the mass of the binder to the mass of the solid components in the lithium supplementing slurry.
(see e.g. Claim 12, ll. 5-18).
However, Takahashi teaches a battery electrode composite layer with excellent battery characteristics and a lithium-ion secondary battery, resulting from an improved coating dispersion, wherein said dispersion comprises a composition including:
one or more electrode active materials selected from the group consisting of lithium iron phosphate and lithium titanate as electrode active materials, in an amount of e.g. 90-94 mass%, said electrode active material having a D50 or 0.2-6 µm, may have a BET specific surface area of 0.1-10 m2/g;
a mixture of first and second conductive additives may each be carbon black, Ketjen black, in an amount of 3-7 mass%, a mass ratio of first and second conductive additives: 20:80 to 80:20, including 1:1, wherein said first conductive additive may have a BET specific surface area of 300-1400 m2/g; said second conductive additive may have a BET specific surface area of 10-200 m2/g; and, a mass ratio of first and second conductive additives may be 20:80 to 80:20, e.g. 1:1; and,
a binder that may be at least one of sodium carboxymethylcellulose, styrene-butadiene rubber, polyvinylidene fluoride, and polytetrafluoroethylene, in an amount of 2.5-5 mass% (e.g. ¶¶ 0001, 15-37, 41-46, 49-50, 87, and 91-99).
As a result, it would have been obvious to a person of ordinary skill; in the art to substitute the composition of said second coating of Lyu with the composition of said composite layer of Takahashi, since Takahashi teaches said composition of said composite layer results in battery electrode composite layer provides excellent battery characteristics and improved coating dispersion,
wherein the taught ranges of average particle size, specific surface areas, and proportions of said composition of said composite layer of Takahashi severably establish a prima facie case of obviousness of the claimed relational expression, see e.g. MPEP § 2144.05(I), see also instant specification, at e.g. ¶¶ 0018, 21, and 23, reading on claimed limitation of relational expression.
The teachings of Lyu as modified, e.g. including the taught ranges of average particle size, specific surface areas, and proportions severably, severably establishing a prima facie case of obviousness of the claimed relational expression, see e.g. MPEP § 2144.05(I), see also instant specification, at e.g. ¶¶ 0018, 21, and 23, reading on the limitation “positive electrode plate, comprising…a lithium supplementing coating coated on the positive electrode coating; and the lithium supplementing coating is prepared by a lithium supplementing slurry, the lithium supplementing slurry comprises a lithium supplementing material, a conductive agent, and a binder, wherein the following relational expression is met:
25 ≤ 100*(M3*D50)/(M1*B1*M2*√B2) ≤ 10000;
wherein, D50 is an average particle size of the lithium supplementing material;B1 is a specific surface area of the lithium supplementing material;B2 is a specific surface area of the conductive agent;M1 is the ratio of the mass of the lithium supplementing material to the mass of solid components in the lithium supplementing slurry;M2 is the ratio of the mass of the conductive agent to the mass of the solid components in the lithium supplementing slurry; andM3 is the ratio of the mass of the binder to the mass of the solid components in the lithium supplementing slurry,”
noting the process limitations “coating,” “coated on,” and “prepared by a lithium supplementing slurry” (emphasis added) severably do not patentably distinguish the instant invention from the art, see e.g. MPEP § 2113.
The instant Table is provided merely for illustrative purposes
Instant specification
Takahashi (JP 2019114396)
Overlap
Lithium Supplementing Material
lithium phosphate, dilithium hydrogen phosphate, lithium sulfate, lithium sulfite, lithium molybdate, lithium oxalate, lithium titanate, lithium tetraborate, lithium metasilicate, lithium metamanganate, lithium tartrate, and trilithium citrate (e.g. ¶¶ 0016, 19, and 45)
one or more of lithium iron phosphate and lithium titanate as electrode active materials (e.g. ¶¶ 0023, 49, 87, and 91)
lithium titanate
D50
0.5-12 µm (e.g. ¶0018)
0.2-6 µm (e.g. ¶0024)
0.5-6
SSA
0.3-15 m2/g (e.g. ¶0018)
0.1-10 m2/g (e.g. ¶¶ 95 and 99)
0.3-10 m2/g
M1 ratio
70-95 mass% (e.g. ¶0018)
90-94 mass% (e.g. ¶0023)
90-94 mass%
Conductive Agent
at least one of conductive carbon black, conductive graphite KS-6, conductive graphite SFG-6, Ketjen black EC300J, Ketjen black ECP, Ketjen black ECP-600JD, carbon fiber, carbon nanotubes, graphene, graphene oxide, or vapor grown carbon fiber (e.g. ¶0048)
mixture of first and second conductive additives may each be carbon black, Ketjen black (e.g. ¶¶ 0018 and 48);
mass ratio of first and second conductive additives: 20:80 to 80:20, including 1:1 (e.g. ¶¶ 0043-46)
conductive carbon black
SSA
20-300 m2/g (e.g. ¶0021)
first conductive additive SSA: 300-1400 m2/g;
second conductive additive SSA:10-200 m2/g (e.g. ¶¶ 0044-46);
mass ratio of first and second conductive additives
20:80 to 80:20, e.g. 1:1 (e.g. ¶¶ 0044-46);
Blended SSA (see instant specification, at e.g. ¶¶ 0020 and 46): 48-1160 m2/g
e.g. [300*20%+10*80% = 40+8 = 48] to [1400*80%+200*20% = 1120+40 = 1160]
48-300 m2/g
M2 ratio
0.1-15 mass% (e.g. ¶0021)
3-7 mass% e.g. (¶0023)
3-7 mass%
Binder
at least one of polyvinylpyrrolidone, polyvinylidene fluoride, polyethylene oxide, polytetrafluoroethylene, sodium carboxymethyl cellulose, or a copolymer of styrene and butadiene (e.g. ¶¶ 0023 and 49)
at least one of sodium carboxymethylcellulose, styrene-butadiene rubber, polyvinylidene fluoride, polytetrafluoroethylene (e.g. ¶¶ 0022, 51, 60, and 141)
at least one of sodium carboxymethylcellulose, styrene-butadiene rubber, polyvinylidene fluoride, polytetrafluoroethylene
M3 ratio
0.1-20 mass% (e.g. ¶0023)
2.5-5 mass% (e.g. ¶0023)
2.5-5 mass%
Regarding claims 13-14, Lyu as modified teaches the positive electrode sheet of claim 12, wherein Lyu teaches said thickness of said second coating is 5 to 100 μm; and, said thickness of said first coating is 10 to 300 μm, wherein said thickness of said first coating is greater than said thickness of said second coating (e.g. supra),
said taught second coating corresponding with the claimed “lithium supplementing coating;” and,
said taught first coating corresponding with the claimed “positive electrode coating,”
severably establish a prima facie case of obviousness of the claimed relational expression, see e.g. MPEP § 2144.05(I), reading on “the thickness of the positive electrode coating and the thickness of the lithium supplementing coating meet the following relational expression: 1/10 < the thickness of the lithium supplementing coating/the thickness of the positive electrode coating < 1⁄3” (claim 13) and “the thickness of the lithium supplementing coating is 5-100 μm; and the thickness of the positive electrode coating is 50-300 μm” (claim 14).
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (US 2017/0288209); and,
Lin (US 9343745).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
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