DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 07/31/2024.
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed 01/30/2024 and 01/05/2026 have been placed in the application file and the information referred to therein has been considered.
Drawings
The drawings received 01/30/2024 are acceptable for examination purposes.
Claims 3 and 5 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by US 20170256788 to Uneyama (Uneyama).
Regarding claim 3 and 5, Uneyama discloses a non-aqueous electrolyte secondary battery (Abstract) , comprising: a positive electrode; a negative electrode, a separator separating the positive electrode and the negative electrode from each other (claim 1, para 102) and a non-aqueous electrolyte (para 74), ), wherein the positive electrode has a positive electrode current collector ( 13A, Fig. 2) and a positive electrode mixture layer formed on a surface of the positive electrode current collector (Fig. 2), the positive electrode mixture layer includes a first positive electrode mixture layer (113) facing the positive electrode current collector and a second positive electrode mixture layer stacked on a surface of the first positive electrode mixture layer (213), at least the first positive electrode mixture layer contains a fibrous carbon (para 8), and the second positive electrode mixture layer does not contain the fibrous carbon (para 9, re claim 5). Since the second positive electrode mixture layer does not contain any fibrous conductive material, the limitation the second positive electrode mixture layer does not contain the fibrous carbon having an average fiber length of greater than or equal to a thickness of the second positive electrode mixture layer necessarily met.
PNG
media_image1.png
200
400
media_image1.png
Greyscale
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.
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 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170256788 to Uneyama (Uneyama) in view of JP 2017010670 to So (So, machine translation).
Regarding claims 1, Uneyama discloses a non-aqueous electrolyte secondary battery (Abstract) , comprising: a positive electrode; a negative electrode, a separator separating the positive electrode and the negative electrode from each other (claim 1, para 102) and a non-aqueous electrolyte (para 74), wherein the positive electrode has a positive electrode current collector ( 13A, Fig. 2) and a positive electrode mixture layer formed on a surface of the positive electrode current collector (Fig. 2), and the positive electrode mixture layer contains a fibrous carbon (para, 8, 48, claim 5) wherein the fibrous carbon is not exposed to a surface of the positive electrode mixture layer (Fig. 3). Uneyama does not expressly disclose wherein a fibrous carbon having a length of greater than or equal to 50% of a thickness of the positive electrode mixture layer.
So teaches a cathode for a secondary battery, the cathode comprising cathode active substance and a fibrous carbon conductive material (Abstract). So also teaches that a ratio (L / T) of an average length (L) of the carbon material to a thickness (T) of the positive electrode active material layer is 1.4 or more (claim 1, reads on claimed on claimed 50% or more).In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. MPEP 2144.05.It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the positive electrode of Uneyama with the fibrous conductive material having ratio (L / T) of an average length (L) of the carbon material to a thickness (T) of the positive electrode active material layer is 1.4 or more as taught by So or wherein the length of greater than or equal to 50% or 90% (re claim 2) of a thickness of the positive electrode mixture layer, in order to prevent deterioration of the continuous discharge characteristics at a high discharge rate in the related art occurs because, when continuous discharge is performed at a high discharge rate (so, para 8).
Regarding claim 4, Uneyama discloses the invention as discussed above as applied to claim 3, including a presence of fibrous carbon conductive material in the first positive electrode mixture layer (para 8). Uneyama does not expressly disclose wherein an average fiber length of the fibrous carbon contained in the first positive electrode mixture layer is greater than or equal to a thickness of the first positive electrode mixture layer.
So teaches a cathode for a secondary battery, the cathode comprising cathode active substance and a fibrous carbon conductive material (Abstract). So also teaches that a ratio (L / T) of an average length (L) of the carbon material to a thickness (T) of the positive electrode active material layer is 1.4 or more (claim 1). Therefore the limitation an average fiber length of the fibrous carbon contained in the first positive electrode mixture layer is greater than or equal to a thickness of the first positive electrode mixture layer inherently met. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the first positive electrode mixture layer of Uneyama with the fibrous conductive material having ratio (L / T) of an average length (L) of the carbon material to a thickness (T) of the positive electrode active material layer is 1.4 or more as taught by So in order to prevent deterioration of the continuous discharge characteristics at a high discharge rate in the related art occurs because, when continuous discharge is performed at a high discharge rate (so, para 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER USYATINSKY whose telephone number is (571)270-7703. The examiner can normally be reached IFP.
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, Jonathan Leong can be reached at (571) 270-1292. 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.
/Alexander Usyatinsky/Primary Examiner, Art Unit 1751
Prosecution Insights