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 § 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 (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 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.
Claims 1, 3-5, 11-13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakita et al. (US PGPub 2008/0160415 A1).
Regarding Claims 1, 5, 11, and 16, Wakita discloses in Figs. 1-2 a lithium ion secondary battery ([0023]), comprising:
a positive electrode (11) comprising a positive electrode composite material (11a) ([0028]), the positive electrode composite material (11a) comprising:
a positive electrode active material ([0029], cathode active material); and
a positive electrode additive (ceramic), wherein the positive electrode additive is an oxide of sodium, and is Na2O ([0030], [0098], see Example 1-5 in Table 1); and
a negative electrode (12) ([0043]).
Regarding Claims 3-4, Wakita discloses all of the limitations as set forth above and further discloses wherein:
relative to a total of 100 wt% of the positive electrode active material and the positive electrode additive, the positive electrode additive has a content of 0.5 wt% ([0087], [0098], see Example 1-5 in Table 1), which falls within and therefore reads on the instantly claimed ranges of 0.1 wt% - 10 wt% and further 0.5 wt% - 4 wt%.
Regarding Claims 12-13, Wakita discloses all of the limitations as set forth above and further discloses wherein:
the negative electrode (12) comprises a negative electrode active material ([0089]); and
the negative electrode active material comprises a carbon material, wherein the carbon material comprises graphite ([0089]).
Claims 6, 8, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak et al. (US PGPub 2015/0037678 A1).
Regarding Claims 6 and 17, Kwak discloses a positive electrode for a lithium ion secondary battery ([0084]), comprising:
a positive electrode current collector ([0085]);
a positive electrode active material layer comprising a positive electrode active material ([0030], [0085], e.g. a layer comprising lithium manganese oxide); and
a positive electrode additive layer (sodium-containing coating layer) comprising a positive electrode additive, wherein the positive electrode additive comprises an oxide of sodium, and is Na2O ([0030], [0041]-[0042]).
Regarding Claim 8, Kwak discloses all of the limitations as set forth above and further discloses wherein the positive electrode additive layer (sodium-containing coating layer) is disposed between the positive electrode current collector and the positive electrode active material layer (e.g. a layer comprising lithium manganese oxide), or on the positive electrode active material layer (e.g. a layer comprising lithium manganese oxide) ([0085], [0041]-[0042], e.g. wherein the sodium-containing coating layer is coated on the lithium manganese oxide and therefore is disposed between the positive electrode current collector and the layer of lithium manganese oxide or on the layer of lithium manganese oxide).
Regarding Claim 18, Kwak discloses all of the limitations as set forth above and further discloses wherein the positive electrode additive layer (sodium-containing coating layer) and the positive electrode active material layer (e.g. a layer comprising lithium manganese oxide) are two separate layers ([0030]), and the positive electrode additive layer is disposed between the positive electrode active material layer (e.g. a layer comprising lithium manganese oxide) and the positive electrode current collector ([0085], [0041]-[0042], e.g. wherein the sodium-containing coating layer is coated on lithium manganese oxide and therefore is disposed between the layer of lithium manganese oxide and the positive electrode current collector).
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2015/0037678 A1), as applied to Claim 6 above.
Regarding Claims 9-10, Kwak discloses all of the limitations as set forth above and further discloses wherein:
relative to a total of 100 wt% of the positive electrode active material, the positive electrode additive, a binder, and a conductive agent, the positive electrode additive has a content of about 0.01 wt% to about 20 wt% ([0043], [0085]).
For example, Kwak discloses, based on an exemplary embodiment, wherein relative to a total of 100 wt% of the positive electrode active material and the positive electrode additive, the positive electrode additive has a content of about 0.94 wt% to about 18.8 wt% ([0043], [0116], e.g. 0.01 wt% to 20 wt% of 94 wt% of the of the positive electrode active material and the positive electrode additive), which overlaps with the instantly claimed ranges of 0.1 wt% - 10 wt% and further 0.5 wt% - 4 wt%.
It would have been obvious to one of ordinary skill in the art to form the positive electrode additive to have a content, relative to a total of 100 wt% of the positive electrode active material and the positive electrode additive, in the overlapping portion of the range disclosed by Kwak, wherein the skilled artisan would have a reasonable expectation that such would successfully form the positive electrode desired by Kwak.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wakita et al. (US PGPub 2008/0160415 A1), as applied to Claim 11 above, and further in view of Xu et al. (US PGPub 2006/0236528 A1).
Regarding Claims 12-14, Wakita discloses all of the limitations as set forth above and further discloses wherein:
the negative electrode (12) comprises a negative electrode active material ([0089]); and
the negative electrode active material comprises a carbon material, wherein the carbon material comprises graphite ([0089]).
Moreover, Wakita discloses wherein the negative electrode active material may further comprise a metal or nonmetal compound, wherein the metal or nonmetal compound comprises a tin compound or a silicon compound including those which contain oxygen ([0053]-[0057]).
However, Wakita does not explicitly disclse wherein the metal or nonmetal compound comprises at least one of SiO2, SiO, SnO2, TiO2, SiS2, or TiS2.
Xu teaches a lithium ion secondary battery ([0003]) comprising a negative electrode comprising a carbon material, such as graphite ([0018]).
Xu further teaches wherein the negative electrode may further comprise an additional material, such as SiO or SnO2 ([0018]).
It would have been obvious to one of ordinary skill in the art to further utilize a metal or nonmetal compound in the negative electrode active material of Wakita, wherein the metal or nonmetal compound comprises at least one of SiO and SnO2, as taught by Xu, as such is a known tin compound and/or silicon compound containing oxygen in the art and therefore the skilled artisan would have a reasonable expectation that such would successfully form the negative electrode desired by Wakita.
Claim 15 rejected under 35 U.S.C. 103 as being unpatentable over Wakita et al. (US PGPub 2008/0160415 A1), as applied to Claim 11 above.
Regarding Claim 15, Wakita does not disclose a power consuming device comprising the lithium ion secondary battery set forth above.
Though, Wakita discloses wherein a lithium ion secondary battery may be utilized in a power consuming device ([0003], e.g. portable telephones, laptop computers and personal digital assistants (PDAs)).
It would have been obvious to one of ordinary skill in the art to utilize the lithium ion secondary battery of Wakita in a power consuming device, as disclosed by Wakita, wherein the skilled artisan would have a reasonable expectation that such would successfully provide electrical power to the power consuming device.
Response to Arguments
Applicant’s arguments with respect to amended Claims 1, 6, and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
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