DETAILED ACTION
The response filed May 4, 2026 has been entered. Claims 1-12 are pending.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Isozaki et al. (“Isozaki”, US 2012/02700093 A1).
Regarding claims 1-4, Isozaki discloses a non-aqueous electrolyte battery including a negative electrode and positive electrode (abstract).
Isozaki teaches a layered lithium nickel cobalt manganese composite oxide and an example represented by formula LiNi1/3Co1/3Mn1/3O2([0038]), which reads on the formula for the positive electrode claimed in claim 1.
Isozaki teaches a negative electrode active material which is capable of absorbing lithium at 0.4V (vs. Li/Li+) or more and 3V or less ([0067]), which substantially overlaps the range claimed. Isozaki also teaches the active material may be a lithium titanium oxide having a spinel structure or a ramsdellite structure ([0069]), which is identical to Applicant’s negative electrode active material (see PGPub [0043]).
Isozaki teaches a non-aqueous electrolyte ([0091]) and teaches diethyl carbonate ([0094]) as an example.
As to the claimed formula (1), Isozaki teaches the positive electrode active material may preferably have an average particle diameter of 4-15 microns ([0042]), and the negative electrode active material may have an average particle diameter of 1 micron or less ([0074]). Isozaki ‘s ratio of 4-15 (A) : 1 or less (B) substantially overlaps the claimed range for A/B of 3-15.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05.
As to claimed formula (2), Isozaki teaches a positive electrode pore diameter in the range of 0.01-1.0 microns detected by mercury intrusion ([0056]).
Isozaki does not expressly teach the negative electrode pore median diameter, which is part of formula (2) and claimed in claims 3 and 4.
However, Isozaki teaches the negative electrode active material may be a lithium titanium oxide having a spinel structure or a ramsdellite structure ([0069]), which is identical to Applicant’s negative electrode active material (see PGPub [0043]). Further, Isozaki teaches the importance of optimizing pore volume/diameter to avoid risk of deterioration of cycle property and output property ([0054]).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to determine the optimal range for pore diameter distribution of the negative electrode active material through routine experimentation to reduce risk of deterioration of cycle and output property, as discussed in [0054]-[0057]. There would also be a reasonable expectation that the pore diameter of the negative electrode active material would be substantially similar since identical negative electrode active materials are taught by Isozaki and Applicant (see PgPub [0043]).
As to claim 12, Isozaki teaches a battery pack with one or more of the non-aqueous electrolyte battery ([0107]).
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Isozaki as applied to claims 1-4 and 12 above, and further in view of Hagiwara et al. (“Hagiwara”, US 2019/006659 A1).
Regarding claims 8-10, Isozaki teaches diethyl carbonate [0094]) as a nonaqueous electrolyte but does not teach difluorophosphate.
However, Hagiwara also discloses a nonaqueous electrolyte battery and teaches adding difluorophosphate as an additive to suppress moisture ([0030]).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to add difluorophosphate as an additive to Isozaki to suppress moisture, as taught by Hagiwara ([0030]).
Regarding claim 11, Isozaki does not teach the ratio of peak intensity claimed.
However, Hagiwara teaches a peak ratio of (P2/P1) between 0.1 to 0.4, which overlaps the claimed ratio of 20% or less.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to use the ratio claimed in Hagiwara so that moisture is sufficiently removed ([0028]), as taught by Hagiwara.
Allowable Subject Matter
Claims 5-7 are allowed.
The closest prior art is considered to be US 2021/0143397 A1 (“Uchida”).
Uchida teaches an integrated intensity ratio of 0.05-0.90 ([0013]) for similar peak ranges.
However, the prior art, taken alone or in combination, fails to teach or fairly suggest the half width of a diffraction peak in the range claimed is 0.06 to 0.14 degrees and C/D (integrated intensity ratio) is greater than or equal to 1.3.
Response to Arguments
Applicant's amendment of claim 5 rewritten in independent form places claims 5-7 in condition for allowance.
Applicant’s argument with regard to claim 1 is not found persuasive.
Applicant has incorporated a limitation from claim 2 into claim 1, specifically the average particle size A of the positive electrode active material is 2 to 6 microns.
Isozaki teaches the positive electrode active material may preferably have an average particle diameter of 4-15 microns ([[0042]), which overlaps 2 to 6 microns.
It appears that Applicant is arguing against the average particle diameter of the negative electrode active material taught by Isozaki, which 1 micron or less ([0074]). This limitation should be compared with Applicant’s claimed “B”.
Therefore, Applicant’s argument is not found persuasive.
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 DANIEL H. LEE whose telephone number is (571)272-2548. The examiner can normally be reached M-F 8:30-5:00.
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DANIEL H. LEE
Primary Examiner
Art Unit 1746
/DANIEL H LEE/Primary Examiner, Art Unit 1746
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