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 .
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 1-9 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 1, “a pressed-in region in which the first positive electrode active material particles are pressed in” is recited in Lines 12-15, however it is unclear as to how pressed-in further limits the claimed, such that the method of producing said positive electrode doesn’t appear to further limit the product as claimed, thereby failing to point out and distinctly claim the subject matter.
Claims 2-9 are rejected as they depend from claim 1.
Regarding claim 7, “a different configuration” is recited in Line 3, however it is unclear as to what a different configuration refers, thereby failing to point out and distinctly claim the subject matter, therefore the examiner will interpret the claim under broadest reasonable interpretation such that any configuration (layers, particle sizes,, etc.) necessitate said layer is a different configuration, lacking any further distinction thereof.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (U.S. PGPub US 2019/0036154 A1), hereinafter Kim.
Regarding claim 1, Kim discloses a positive electrode for a secondary battery comprising: a positive electrode current collector (i.e., at least current collector ref. 10 as disclosed in [0016], etc., also see Abstract, [0008], [0024], [0050]), and
a positive electrode mixture layer provided on a surface of the positive electrode current collector (i.e., at least as disclosed in [0016] a first positive electrode mixture layer ref. 21 laminated on the positive electrode current collector ref. 10, and a second positive electrode mixture layer ref. 222 laminated on the first positive electrode mixture layer ref. 21, etc., also see [0008], [0017], [0024]-[0025], [0027]-[0031], [0033], [0039], [0041], [0044]-[0047], [0051]-[0053], Fig. 1, etc.), wherein
the positive electrode mixture layer includes first positive electrode active material particles having a first average particle size D1 and second positive electrode active material particles having a second average particle size D2 (i.e., at least as disclosed in [0024] the first positive electrode mixture layer ref. 21 adjacent to the positive electrode current collector ref. 10, a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., which at least provides a range of first/second particle diameter(s) that are within the claimed range, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)), also see [0008], [0022]-[0024], [0026]-[0027], [0033]-[0036], Example 1, etc.),
D1 > D2 is satisfied (i.e., at least as disclosed in [0024] the first positive electrode mixture layer ref. 21 adjacent to the positive electrode current collector ref. 10, a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., such that as disclosed in at least [0073]-[0074] (Example 1) an average particle diameter (D50) of 13 µm as a first positive electrode active material, and an average particle diameter (D50) of 7 µm as a second positive electrode active material, etc., is provided, which at least provides values of D1 > D2 that is within the claimed range, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)), also see [0008], [0022]-[0024], [0026]-[0027], [0033]-[0036], Example 1, etc.), and
D1 is 10 µm or more (i.e., at least as disclosed in [0024] the first positive electrode mixture layer ref. 21 adjacent to the positive electrode current collector ref. 10, a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., such that as disclosed in at least [0073]-[0074] (Example 1) an average particle diameter (D50) of 13 µm as a first positive electrode active material, etc., is provided, which at least provides a value of D1 is 10 µm or more that is within the claimed range, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)), also see [0008], [0022]-[0024], [0026]-[0027], [0033]-[0036], Example 1, etc.),
when dividing the positive electrode mixture layer into a first region and a second region having the same thickness, the second positive electrode active material particles are included more in the second region than in the first region (i.e., at least as disclosed in [0016] a first positive electrode mixture layer ref. 21 laminated on the positive electrode current collector ref. 10, and a second positive electrode mixture layer ref. 222 laminated on the first positive electrode mixture layer ref. 21, etc., whereby as disclosed in [0024] the first positive electrode mixture layer ref. 21 adjacent to the positive electrode current collector ref. 10, a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., such that, for example, the thickness of said layers is at least the same thickness as disclosed in [0075] (Example 1) so as to provide a thickness of the first/second positive electrode mixture layer(s) that are each 30 µm (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)), etc., and which at least provides the positive electrode mixture layer is divided into a first/second region so as to provide a first/second positive electrode mixture layer(s), and whereby said second positive electrode active material particles are included more in the second region than in the first region so as to provide a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., lacking any further distinction thereof, also see [0050]-[0051], Fig. 1),
the first region is nearer to the positive electrode current collector than the second region (i.e., at least as disclosed in [0016] a first positive electrode mixture layer ref. 21 laminated on the positive electrode current collector ref. 10, such that said first positive electrode mixture layer at least provides a first region that is nearer to the positive electrode current collector than the second region so as to be laminated on the positive electrode current collector, and as shown in Fig. 1, and lacking any further distinction thereof, also see [0008], [0017], [0024]-[0025], [0027]-[0031], [0033], [0039], [0041], [0044]-[0047], [0051]-[0053], Fig. 1, etc.).
Although Kim is silent as to 50% or more of the surface of the positive electrode current collector is a pressed-in region in which the first positive electrode active material particles are pressed-in, and the pressed-in region is a region where the first positive electrode active material particles are pressed in to a depth of 10% or more of D1, Kim necessarily possesses this limitation for the following reasons:
Kim discloses in [0017] the first and second positive electrode mixture layers ref. 21 and ref. 22 may be prepared by applying a slurry in which a positive electrode active material, etc., are mixed, and then drying and rolling the same, etc., whereby as disclosed in [0075] the composition for forming a first positive electrode mixture layer was applied on an aluminum current collector, and the composition for forming the second positive electrode mixture was applied thereon, and thereafter then rolled to prepare a positive electrode, etc. (also see [0053], etc.).
The instant specification in [0073]-[0080] the first positive electrode slurry was applied on the surface of an aluminum foil as the positive electrode current collector, and the coating film was dried, and thereafter, the second positive electrode slurry was applied so as to cover the film of the first positive electrode slurry, and then the coating film was dried and rolled, etc., whereby as discussed in the instant specification, a cross section is formed and an SEM image of the cross section is captured so as to provide the pressed-in region ratio, such that, for example, as in Example 1 to be 83%.
Therefore, since Kim and the instant application disclose applying a slurry in which a positive electrode active material, etc., are mixed, and then drying and rolling the same, which is and identical and/or substantially identical method as that claimed, properties and/or functions such as 50% or more of the surface of the positive electrode current collector is a pressed-in region in which the first positive electrode active material particles are pressed-in, and the pressed-in region is a region where the first positive electrode active material particles are pressed in to a depth of 10% or more of D1 are presumed inherent (MPEP 2112.01, I., II., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)), lacking any further distinction thereof.
Regarding claim 2, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Kim further discloses in [0016] a first positive electrode mixture layer ref. 21 laminated on the positive electrode current collector ref. 10, and a second positive electrode mixture layer ref. 222 laminated on the first positive electrode mixture layer ref. 21, etc., which at least provides the first positive electrode active material particles are included more in the first region than in the second region so as to provide a first positive electrode mixture layer laminated on the positive electrode current collector, and a second positive electrode mixture layer laminated on the first positive electrode mixture layer, etc., and lacking any further distinction thereof.
Furthermore, since Kim discloses in [0017] the first and second positive electrode mixture layers ref. 21 and ref. 22 may be prepared by applying a slurry in which a positive electrode active material, etc., are mixed, and then drying and rolling the same, etc., whereby as disclosed in [0075] the composition for forming a first positive electrode mixture layer was applied on an aluminum current collector, and the composition for forming the second positive electrode mixture was applied thereon, and thereafter then rolled to prepare a positive electrode, etc. (also see [0053], etc.), and
the instant specification in [0073]-[0080] discloses the first positive electrode slurry was applied on the surface of an aluminum foil as the positive electrode current collector, and the coating film was dried, and thereafter, the second positive electrode slurry was applied so as to cover the film of the first positive electrode slurry, and then the coating film was dried and rolled, etc., whereby as discussed in the instant specification, a cross section is formed and an SEM image of the cross section is captured so as to provide the pressed-in region ratio, such that, for example, as in Example 1 to be 83%, etc.,
the skilled artisan would appreciate that since Kim and the instant application disclose applying a slurry in which a positive electrode active material, etc., are mixed, and then drying and rolling the same, which is and identical and/or substantially identical method as that claimed, properties and/or functions such as the first positive electrode active material particles are included more in the first region than in the second region are presumed inherent (MPEP 2112.01, I., II., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)), lacking any further distinction thereof.
Regarding claim 4, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Since Kim discloses in [0024] the first positive electrode mixture layer ref. 21 adjacent to the positive electrode current collector ref. 10, a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., such that as disclosed in at least [0073]-[0074], [0076] (Example 2) an average particle diameter (D50) of 13 µm as a first positive electrode active material, and an average particle diameter (D50) of 6 µm as a second positive electrode active material, etc., is provided, this at least provides 13/6 = 2.16, which is a value within the claimed range of a D1/D2 ratio is 2 or more and 6 or less, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)).
Regarding claim 5, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Since Kim discloses in [0024] the first positive electrode mixture layer ref. 21 adjacent to the positive electrode current collector ref. 10, a first positive electrode active material having a relatively large particle diameter, and in the second positive electrode active material having a relatively small particle diameter, etc., such that as disclosed in at least [0073]-[0074], [0076] (Example 2) an average particle diameter (D50) of 13 µm as a first positive electrode active material, and an average particle diameter (D50) of 6 µm as a second positive electrode active material, etc., is provided, this at least provides, this at least provides a value within the claimed range of D2 is less than 10 µm (i.e., average particle diameter (D50) of 6 µm as a second positive electrode active material), thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)).
Regarding claim 7, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Since Kim further discloses in [0016] a first positive electrode mixture layer ref. 21 laminated on the positive electrode current collector ref. 10, and a second positive electrode mixture layer ref. 222 laminated on the first positive electrode mixture layer ref. 21, etc., this at least provides when the positive electrode mixture layer is segmented into a first layer and a layer other than the first layer, etc., lacking any further distinction thereof as to said segmented, etc.
Furthermore, since Kim discloses as an example and discussed above in claim 1, the thickness of said layers is at least the same thickness as disclosed in [0075] (Example 1) so as to provide a thickness of the first/second positive electrode mixture layer(s) that are each 30 µm, etc., this at least provides the first layer has a thickness of 10 µm or more and 40 µm or less, thus a prima facie case of anticipation exists ((MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)).
Although Kim is silent as to each having a different configuration and the first layer is nearest to the positive electrode current collector, since Kim discloses in [0017] the first and second positive electrode mixture layers ref. 21 and ref. 22 may be prepared by applying a slurry in which a positive electrode active material, etc., are mixed, and then drying and rolling the same, etc., whereby as disclosed in [0075] the composition for forming a first positive electrode mixture layer was applied on an aluminum current collector, and the composition for forming the second positive electrode mixture was applied thereon, and thereafter then rolled to prepare a positive electrode, etc. (also see [0053], etc.), and
the instant specification in [0073]-[0080] discloses the first positive electrode slurry was applied on the surface of an aluminum foil as the positive electrode current collector, and the coating film was dried, and thereafter, the second positive electrode slurry was applied so as to cover the film of the first positive electrode slurry, and then the coating film was dried and rolled, etc., whereby as discussed in the instant specification, a cross section is formed and an SEM image of the cross section is captured so as to provide the pressed-in region ratio, such that, for example, as in Example 1 to be 83%, etc.,
the skilled artisan would appreciate that since Kim and the instant application disclose applying a slurry in which a positive electrode active material, etc., are mixed, and then drying and rolling the same, which is and identical and/or substantially identical method as that claimed, properties and/or functions such as each having a different configuration and the first layer is nearest to the positive electrode current collector are presumed inherent (MPEP 2112.01, I., II., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)), lacking any further distinction thereof.
Regarding claim 8, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Kim further discloses the first positive electrode active material particles include a first lithium transition metal composite oxide including Ni, in metal elements other than Li included in the first lithium transition metal composite oxide, a Ni ratio is 50 atom% or more (i.e., at least as disclosed in [0073]-[0074] such as LiNi0.6Mn0.2Co0.2O2, etc., as first positive electrode active material, etc., and lacking any further chemical distinction thereof, also see Example 1, [0017]-[0020], [0073], etc.),
the second positive electrode active material particles include a second lithium transition metal composite oxide including Ni, and in metal elements other than Li included in the second lithium transition metal composite oxide, a Ni ratio is 50 atom% or more and a Co ratio is 0 atom% or more and 10 atom% or less (i.e., at least as disclosed in [0073]-[0074] such as LiNi0.6Mn0.2Co0.2O2, etc., as first positive electrode active material, etc., and lacking any further chemical distinction thereof, also see Example 1, [0017]-[0020], [0073], etc.).
Regarding claim 9, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Kim further discloses a secondary battery comprising: the positive electrode for a secondary battery of claim 1 (i.e. at least positive electrode for a secondary battery as disclosed in [0015], lacking any further distinction thereof, also see Title, [0002], [0007]-[0010], [0012], [0015]-[0016], [0056]-[0059], Examples 1-2, Fig. 1, etc.), a separator (i.e., at least separator as disclosed in [0057], lacking any further distinction thereof, also see [0063], [0082], etc.), a negative electrode facing the positive electrode with the separator interposed therebetween (i.e., at least [0057], , lacking any further distinction thereof, also see [0063], [0080]-[0082], etc.), and a liquid electrolyte (i.e., at least [0064]-[0067], lacking any further distinction thereof, also see [0082]).
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.
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 3 and 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above.
Regarding claim 3, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1.
Since Kim discloses in [0037]-[0038] the specific surface area of the first positive electrode active material may be 0.1 to 0.8 m2/g, etc., and the specific surface area of the second positive electrode active material may be 0.5 to 1.5 m2/g, etc., etc., and further discloses in [0051] first positive electrode mixture layer ref. 21 may be 15 to 100 µm, and the thickness of the second positive electrode mixture layer ref. 22 may be 30 to 150 µm, etc., and as an example provided by the examiner and assuming a 1 g basis for both layers, this at least provides in a border region from the surface of the positive electrode current collector to a thickness of 2 ×D1 (e.g., a thickness of 50 µm for D1 = 100 µm total),
a volume ratio of the first positive electrode active material particles having an equivalent circle diameter of D1 or more relative to a total of the first positive electrode active material particles and the second positive electrode active material particles is 50% or more (i.e., at least 0.8 m2 × 50 µm = 40 cm3 for the first positive electrode mixture layer, and 1.0 m2 × 50 µm = 50 cm3 for the second positive electrode mixture layer), which at least provides a volume ratio of 40 cm3×100/50 cm3 = 80%, etc., and therefore provides a range of values that overlap the claimed range of a volume ratio of the first positive electrode active material particles having an equivalent circle diameter of D1 or more relative to a total of the first positive electrode active material particles and the second positive electrode active material particles is 50% or more, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Furthermore, the skilled artisan would appreciate optimizing the specific surface area and/or thickness of each layer so as to arrive at a volume ratio of the first positive electrode active material particles having an equivalent circle diameter of D1 or more relative to a total of the first positive electrode active material particles and the second positive electrode active material particles is 50% or more, such that when the specific surface area is within the aforementioned ranges there is no limitation as to the deterioration of cell output properties and/or adhesion with the positive electrode current collector as disclosed in [0037]-[0038], etc. (MPEP 2144.05, II., A., B.).
Regarding claim 6, Kim discloses the positive electrode for a secondary battery as discussed above in claim 1. Kim further discloses in [0051] the first positive electrode mixture layer ref. 21 may be 15 µm to 100 µm, and the thickness of the second positive electrode mixture layer ref. 22 may be 30 µm to 150 µm, which at least provides a range of thicknesses that overlap and/or encompass the claimed range of the positive electrode mixture layer has a thickness of 80 µm or more, thus a prima facie case of obviousness exists (MPEP 2144.05, I., In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Watanabe et al. (U.S. PGPub US 2014/0342230 A1) discloses a positive electrode for non-aqueous electrolyte secondary battery, and non-aqueous electrolyte secondary battery (Title), whereby as disclosed in Abstract a proportion of the first active material particles in the active material is 51 vol % to 90 vol %, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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