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 .
Summary
This is the initial Office Action based on Application 18/303,343 and is in response to a Request for Continued Examination filed 09/16/2026.
Claims 1-10 and 12-15 are currently pending and have been fully considered.
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.
Claim(s) 1-10 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHO (US 2022/0069350 A1) in view of YU (US 2013/0004840 A1).
CHO teaches a rechargeable lithium battery which includes a positive electrode, negative electrode, and an electrolyte (paragraph 0021). CHO teaches a positive electrode which includes a current collector and an active material layer (paragraph 0101). The active material may be of a chemical formula 5 (paragraphs 0022-0027). The negative electrode includes an active material (paragraph 0124-0132). The positive active layer includes a conductive material and a binder (paragraph 0119). CHO then teaches the use of an additive, which may be represented by chemical formula 1B, and chemical formula 1B-I and 1B-II (paragraphs 0008-0011). In addition the additive may be formula 1B-I-1 (paragraph 0017-0018). The additive is present in the electrolyte (paragraph 0019). Therefore CHO teaches the claimed additive, but does not explicitly teach that it is a part of the positive electrode.
YU teaches a bidentate phosphorus compound for the additive may provide a stable coating layer on a surface of a positive active material layer (paragraph 0053). The bidentate phosphorus compound may be represented by chemical formula 1 (paragraph 0006-0007, and paragraphs 0011-0030).
At the time the invention was filed one having ordinary skill in the art would have been motivated to use the additive of CHO to coat the positive electrode active material as taught by YU as this is a combination of prior art elements in order to achieve predictable results. Both CHO and YU teaches the additive is present in the electrolyte and then YU teaches the additive may be formed as a coating on the surface of the active material layer (paragraph 0053). Therefore having the additive only be on the positive active material would have been obvious to try, as this is a choice from a finite list of possible elements in order to achieve predictable results. See MPEP 2143(E).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 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, Niki Bakhtiari can be reached at (571)272-3433. 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.
/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
