DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s amendments submitted on 4/27/26 have been received. Claims 1-4, 6-8, 10-13, 15-17, 19, and 20 have been amended.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 1 and 2-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation “ultrasonic dispersion”. It is not clear as to the conditions under which ultrasonic dispersion is carried out. It is noted different ultrasonic conditions (power, duration, etc.) may result in different particle sizes.
5. Claims 2-9 are rejected as depending from claim 1.
6. Claims 10 and 11-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 10 recites the limitation “ultrasonic dispersion”. It is not clear as to the conditions under which ultrasonic dispersion is carried out. It is noted different ultrasonic conditions (power, duration, etc.) may result in different particle sizes.
7. Claims 11-18 are rejected as depending from claim 10.
8. Claims 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 19 recites the limitation “ultrasonic dispersion”. It is not clear as to the conditions under which ultrasonic dispersion is carried out. It is noted different ultrasonic conditions (power, duration, etc.) may result in different particle sizes.
9. Claim 20 is rejected as depending from claim 19.
Claim Rejections - 35 USC § 102/103
10. After a thorough search of the prior art, no reference has been found that would render the claims unpatentable under 35 U.S.C. §102 or §103. Therefore, no prior art rejection is applicable.
Response to Arguments
11. Applicant's arguments filed 4/27/26 have been fully considered but they are not persuasive.
Applicant’s argument: These results demonstrate that the claimed parameters reflect the degree of particle agglomeration and correlate with electrochemical performance. In particular, values outside the claimed ranges correspond to increased agglomeration and degraded battery performance, whereas values within the claimed ranges provide stable electrochemical behavior. Accordingly, the claimed parameter ranges are critical and not the result of routine optimization.
Examiner’s answer: Examples 1-35 are directed to specific compositions of Applicant’s positive electrode material. Therefore the showing of Tables 2, 4 and 7 do not appear to be commensurate in scope with the claim.
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 VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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