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 the 18/338,524 application filed on 06/21/2023.
Claims 1-13 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takamori (US2022/0029158) in view of Maeyama et al. (US 2021/0043918).
Addressing claims 1-2, Takamori discloses an electrode (fig. 3, positive electrode) comprising a current collector 55 and an active material-containing layer formed on the current collector (fig. 3),
wherein the active material-containing layer comprises single particles 57 of an active material represented by a following formula (1) (formula 1 described in paragraph [0009]) and a conductive agent 58, and in a cumulative distribution of circularity of unit particles which comprise the single particles and the conductive agent (the cumulative distribution of circularity of unit particles which comprise the single particles and conductive agent is shown in fig. 2C and described in paragraphs [0070-0071]), an average circularity at 25% in the cumulative distribution is 0.05 to 0.60 (fig. 2C shows the cumulative distribution of circularity including distribution in the values that fall within the claimed range; paragraph [0059] discloses that from the view point of enhancing the volumetric capacity and volumetric capacity retention, the circularity of the lithium metal composite oxide is preferably between 0.48 and 0.70, which overlaps the claimed range; therefore, at the time of the effective filing date of the invention, one with ordinary skill in the art would have arrived at the claimed average circularity at 25% in the cumulative distribution is 0.05 to 0.60 when perform routine experimentation with the particles in the active layer of Takamori in order to optimize the volumetric capacity and volumetric capacity retention), and an average circularity at 90% in the cumulative distribution is 0.3 to 0.85 (fig. 2C shows the active material containing layer has the high number of particles in the range between 0.3 to 0.85; paragraphs [0059-0061] disclose that from the view point of enhancing volumetric capacity and volumetric capacity retention, the peaks are between 0.4 to 0.7 and between 0.75 to 0.95 with fig. 2C shows two peaks at approximately 0.6 and 0.8, which indicate high population of particles having the circularities at the respective value; therefore, at the time of the effective filing date of the invention, one with ordinary skill in the art would have arrived at the claimed average circularity at 90% in the cumulative distribution between 0.3 to 0.85 when perform routine experimentation with the particles in the active layer of Takamori in order to optimize the volumetric capacity and volumetric capacity retention).
Takamori further discloses the active-material containing layer is porous (paragraph [0087] discloses the active-material containing layer includes voids).
Takamori is silent regarding the claimed porosity range.
Maeyama discloses a positive electrode comprising similar material (formula 1 in paragraph [0108]) as that of Takamori; wherein, the positive electrode active material layer has a void fraction between 12 and 20% (paragraph [0056]), which corresponds to the claimed porosity, in order to ensure sufficient ion path or electron path between the particles to increase energy density and rate capability [0056].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the active material-containing layer of Takamori by perform routine experimentation with the void fraction or the porosity of the active material-containing layer in the range disclosed by Maeyama in order to optimize the ion path or electron path between the particles to increase energy density and rate capability. Therefore, one would have arrived at the claimed porosity range when perform routine experimentation with the void fraction or the porosity of the active material-containing layer in the range disclosed by Maeyama in order to optimize the ion path or electron path between the particles to increase energy density and rate capability.
Addressing claims 3-11, fig. 2C of Takamori shows distribution of particles having the circularities in the ranges of current claims; therefore, one would have arrived at the claimed average circularities in the cumulative distribution ranges of current claims when perform routine experimentation with the particles in the active layer of Takamori in order to optimize the volumetric capacity and volumetric capacity retention.
Addressing claim 12, paragraph [0148] of Takamori discloses the nonaqueous electrolyte battery (paragraph [0188] discloses solid electrolyte or nonaqueous electrolyte) comprising:
a positive electrode 2 which is the electrode according to claim 1 (please see the rejection of claim 1 above);
a negative electrode 3; and
a nonaqueous electrolyte [0188].
Addressing claim 13, fig. 1B shows the lithium secondary battery that corresponds to the claimed battery pack comprising the nonaqueous electrolyte battery according to claim 12.
Conclusion
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/BACH T DINH/Primary Examiner, Art Unit 1726 01/08/2025