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 .
Information Disclosure Statement
The information disclosure statements filed 4/18/23 and 10/23/25 have been considered by the examiner.
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.
Claims 1, 3-5, 11-13, 15-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (US 2020/0203767).
Regarding claims 1 and 15, Cheng teaches a positive electrode, or cathode, for an electrochemical apparatus, or cell ([0039]-[0040]) comprising:
a current collector ([0039]);
a positive electrode active material layer comprising a positive active material ([0026]-[0027]) and graphene ([0028]), wherein the particle diameter volume average Dv50 is 0.1 to 50 µm ([0026]) and the sheet diameter D1 of the graphene is 10nm to 1 µm ([0028]-[0029]).
The examiner takes note of the fact that the prior art range of Dv50/D1 completely encompasses the claimed range. Absent any additional and more specific information, a prima facie case of obviousness exists. MPEP 2144.05
As for claims 3 and 17, Cheng teaches a range of Dv50 of 5 to 25 µm ([0026]).
Regarding claims 4 and 18, Cheng teaches n is up to 30 ([0029]).
With regard to claims 5 and 19, the examiner takes note of the fact that the prior art range completely encompasses the claimed range as discussed above with reference to claim 4. Absent any additional and more specific information, a prima facie case of obviousness exists. MPEP 2144.05
Regarding claims 11-12, Cheng teaches that the active material is, for example, lithium nickel cobalt manganese oxide ([0027]).
As for claim 13, Cheng teaches that the graphene is, for example, 1wt% (Table 1).
With regard to claim 20, Cheng teaches an electronic apparatus, e.g. a vehicle ([0002]).
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 1 above, and further in view of Dahl et al. (US 2019/0173084).
The teachings of Cheng as discussed above are incorporated herein.
Regarding claims 2 and 8, Cheng teaches Dv50 but is silent on Dv10.
Dahl teaches that the Dv10 for a particle size of cathode active material wherein the Dv50 is 3 to 25 µm (analogous to the range of Cheng discussed above), and wherein Dv10, Dv90, and the particle size distribution in general is result effective for processability of the battery electrode and for improvement of the volumetric energy density of the battery ([0019]).
It would have been obvious to the skilled artisan at the time of the invention to optimize the particle size distribution, and therefore the Dv10 and Dv99 values, of the active material of Cheng such as suggested by Dahl in order to improve processability and volumetric energy density. It has been held that discovering optimum or workable ranges is within the ordinary level of skill in the art. MPEP 2144.05 II A
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 1 above, and further in view of Kurose et al. (US 6,824,924).
The teachings of Cheng as discussed above are incorporated herein.
Cheng teaches that the active material layer further comprises a granular conductive agent such as carbon black ([0031]) but is silent on the particle size as required by claim 6.
Kurose teaches a carbon-based conductive agent, and further teaches that the particle diameter of the conductive agent is result effective for balancing capacity increase with cycle life (column 3 line 65 - column 4 line 4).
It would have been obvious to the skilled artisan at the time of the invention to optimize the particle size of the conductive agent of Cheng such as suggested by Kurose in order to balance capacity increase with cycle life. It has been held that discovering optimum or workable ranges is within the ordinary level of skill in the art. MPEP 2144.05 II A
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 1 above, and further in view of Yoshima et al. (US 2019/0296351).
The teachings of Cheng as discussed above are incorporated herein.
Cheng teaches the electrode material layer of claim 1 but is silent on the sheet resistance.
Yoshima teaches that the sheet resistance of an active material layer is result effective for balancing improving output performance and life performance with energy density ([0033]-[0034]).
It would have been obvious to the skilled artisan at the time of the invention to optimize the sheet resistance of the active material layer of Cheng such as suggested by Yoshima in order to balance improving output performance and life performance with energy density. It has been held that discovering optimum or workable ranges is within the ordinary level of skill in the art. MPEP 2144.05 II A
Claims 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 1 above, and further in view of Sawa et al. (US 20220149435).
The teachings of Cheng as discussed above are incorporated herein.
Cheng is silent on the compacted and coating areal density of the active material layer.
Sawa teaches an active material layer wherein the density of the layer is result effective for balancing permeability of the electrolyte solution with good charge-discharge characteristics ([0226]-[0227]). The examiner finds that compacted and coating areal density are related and are optimized together.
It would have been obvious to the skilled artisan at the time of the invention to optimize the compacted and coating areal density of the active material layer of Cheng such as suggested by Sawa in order to balance permeability of the electrolyte solution with good charge-discharge characteristics. It has been held that discovering optimum or workable ranges is within the ordinary level of skill in the art. MPEP 2144.05 II A
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALIX ECHELMEYER EGGERDING whose telephone number is (571)272-1101. The examiner can normally be reached 8:30am - 4:30pm.
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/ALIX E EGGERDING/ Primary Examiner, Art Unit 1729