CTNF 18/289,505 CTNF 88588 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. 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 11-03-2023, 03-03-2025, 05-14-2025, 07-29-2025, and 08-26-2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 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. 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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2011/0079752 hereinafter Park in view of U.S. Pre-Grant Publication No. 2014/0220455 hereinafter Lee . Regarding Claim 1, Park teaches a lithium secondary battery comprising: a cathode (positive electrode); an anode (negative electrode); a separator interposed between the cathode and anode; and an electrolyte (paragraph 42), wherein the cathode (positive electrode) comprises a cathode active material layer formed on a current collector (paragraph 43); wherein the anode (negative electrode) comprises an anode active material layer formed on a current collector (paragraphs 44, 54); wherein the cathode active material layer comprises nickel-based lithium transition metal oxide having a primary particle structure composed of single particles and containing nickel in an amount of 50 to 90 mol % (paragraphs 8, 35, 40); and wherein the anode active material layer comprises silicon/carbon-based active material (paragraph 44). Park further teaches that the lithium transition metal oxide used as cathode active materials are in the form of a single particle (i.e., primary particle) forming an independent structure, or of an aggregate particle (i.e., secondary particle) wherein two or more primary particles form an independent structure (paragraph 8 and as shown in paragraph 52 of Applicant’s published application, the single particle consists of one primary particle and an aggregate particle of 10 or less primary particles). Park does not specifically disclose that the sacrificial positive electrode material is represented by Li a1 NiO b1 , wherein 0<a1<7, and 0<b1<15, and is included in an amount of 0.1 part by weight or more and 5 parts by weight or less on a basis of 100 parts by weight of the positive electrode active material. However, Lee teaches a lithium battery comprising: a positive electrode; a negative electrode; a separator; and an electrolyte (paragraph 33, see figure 1), wherein the positive electrode comprises a positive electrode active material including a sacrificial positive active material represented by Li 2 NiO 2 (paragraphs 31, 35) and is included in an amount of more than 0 and less than or equal to 20 wt %, based on 100 wt % of the positive active material (paragraph 36). Therefore, it would have been obvious to one of ordinary skill in the art to include such sacrificial positive active material in the claimed amount before the effective filing date of the claimed invention because Lee discloses that such configuration can improve capacity and cycle-life characteristics of the rechargeable lithium battery (paragraphs 35, 37). The use of a known technique to improve similar products (methods) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, C.). Regarding Claim 2, Park teaches that the cathode active material layer comprises nickel-cobalt-manganese oxide active material having a primary particle structure composed of single particles and containing nickel in an amount of 50 to 90 mol % (paragraphs 8, 35-36, 40). Regarding Claim 3, Park teaches that an average particle diameter of the single particle positive electrode material is 3 µm or more (paragraph 40). Regarding Claim 4, the combination teaches that the negative electrode comprises a mixture of silicon based active material and carbon-based active material (paragraph 44 of Lee) and the silicon-based active material is included in an amount of more than 0 and less than or equal to 10 wt % based on 100 wt % of the negative active material (paragraph 47 of Lee). Regarding Claim 5, Park teaches that the negative electrode active material layer comprises a conductive material and a binder (paragraphs 46-47 of Park and paragraph 52 of Lee). Regarding Claim 6, the combination teaches that the cathode (positive electrode) comprises a conductive material included in an amount of 1 to 30 % by weight (paragraph 47) and such conductive material includes carbon nanotubes (paragraphs 44, 47 of Park). Regarding Claim 7, the combination teaches that the lithium transition metal oxide used as cathode active materials are in the form of a single particle (i.e., primary particle) forming an independent structure, or of an aggregate particle (i.e., secondary particle) wherein two or more primary particles form an independent structure (paragraph 8 of Park). Regarding Claim 8, the combination teaches that the sacrificial positive electrode material and the silicon-based negative electrode active material satisfy a weight ratio of 1:3 to 1:8 (paragraph 47 of Lee). Regarding Claim 9, the combination teaches that the negative electrode active material comprises a Mg or Li compound phase (paragraph 44 of Park). Regarding Claims 10-11, the combination teaches similar battery composition, and the claimed properties or functions are therefore expected to be similar (see MPEP § 2112.01 [i.e., an initial efficiency of the positive electrode is lower than an initial efficiency of the negative electrode, and wherein the initial efficiency of the positive electrode is 89% or less, and the battery having a capacity retention of 70% or higher under 0.5 V over-discharge conditions of 200 cycles]). Regarding Claim 12, the combination teaches that the thicknesses of the current collectors are each independently 1 or more and 100 µm or less, and thicknesses of the positive electrode and negative electrode active material layers are each independently 20 or more and 500 µm or less (paragraphs 54-55 of Park). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST. 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, NICHOLAS A SMITH can be reached at (571)272-8760. 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. /OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752 Application/Control Number: 18/289,505 Page 2 Art Unit: 1752 Application/Control Number: 18/289,505 Page 3 Art Unit: 1752 Application/Control Number: 18/289,505 Page 4 Art Unit: 1752 Application/Control Number: 18/289,505 Page 5 Art Unit: 1752 Application/Control Number: 18/289,505 Page 6 Art Unit: 1752
