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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5-12-2026 has been entered.
Claim Objections
Claims 1, 3-4, 6-9, 21 and 23 are objected to because of the following informalities: Claim 1 is objected to because the phase “at least one of the A’ or the B’ includes…or W” needs to be moved up in the claim and positioned after the B’ component is cited. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 1USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-4, 6-9, 21 and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6-7 of copending Application No. 18/350,756. Application No. 18/350,756 claims in claim 1, a positive electrode plate comprising a positive electrode active material comprising the same compound as claimed in instant claim 1 comprising formula (I) where the surface of the active material is coated with carbon. This is a provisional nonstatutory double patenting rejection.
Claims 1, 3-4, 6-9, 21 and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 46, 48-54, 56, 58-61 of copending Application No. 18/363,989. Application No. 18/363,989 claims the exact same positive electrode sheet comprising a 1st positive electrode active material with the exact same chemical formula of instant application where the surface of the active material is coated with carbon.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 3-4, 6-9, 21 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-7 and 12 of U.S. Patent No. 12,633,539. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,633,539 claims in claim 1, the same positive electrode sheet comprising a 1st electrode active material with the exact same chemical formula of instant application and claims in claims 3 and 12, where the surface of the active material is coated with carbon.
Claims 1, 3-4, 6-9, 21 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5 and 12 of U.S. Patent No. 12,548,772. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,548,772 claims in claim 1, the same first electrode active material with the exact same chemical formula of instant application and claims in claim 12, where the surface of the active material is coated with carbon.
Claims 1, 3-4, 6-9, 21 and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21, 28-30 and 35 of copending Application No. 18/776,053. Application No. 18/776,053 claims in claim 21, the same positive electrode active material with the exact same chemical formula of the instant application and claims in claim 35, where the surface of the active material is coated with carbon. This is a provisional nonstatutory double patenting rejection.
Claims 1, 3-4, 6-9, 21 and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 18/808,108. Application No. 18/808,108 claims in claim 1, the same positive electrode active material with the exact same chemical formula of the instant application and where the surface is of the material is coated with carbon that is doped. This is a provisional nonstatutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ohira et al. (US 9,005,810) teaches a cathode active material having a composition represented by formula (1): LiMn1-xMxP1-ySiyO4 where M = Zr, Sn, Y or Al where 0 < x < 0.5 and 0 < y < 0.5. Ohira et al. teaches specifically cathode active material in Table 1, comprising: Li(Mn0.9Sn0.1)(P0.8Si0,2)O4, Li(Mn0.95Zr0.05)(P0.9Si0,1)O4, or Li(Mn0.95Sn0.05)(P0.9Si0,1)O4. Wu (JP 6157563 B2, machine translation) teaches a lithium ion battery positive electrode material comprising the formula LiMnxFe1-xP1-aSibMcO4-dFd where M can be B, Cl or S).
Natsui et al. (US 2023/0402594) teaches in Example 1, a lithium transition metal composite oxide comprising Li1.67Sb0.001Mn0.55Ni0.275P0.065O1.92F0.08. Ma et al. (US 2023/0335723) claims in claim 1, a positive electrode active material comprising Li1+xMn1-yAyP1-zRzO4 which is the exact same material of the instant positive electrode material. Ma et al. (US 2023/0343938) claims in claim 1, a positive electrode active material comprising LiaAxMn1-yByP1-zCzO4-nDn which is the exact same material of the instant positive electrode material. Jiang et al. (US 2023/0361296) claims in claim 1, a positive electrode active material comprising LiaAxMn1-yByP1-zCzO4-nDn which is the exact same material of the instant positive electrode material. Wu (US 2016/0190584) teaches in claim 1, a Li-ion battery positive electrode material comprising LiMnxFe1-xP1-aSibMcO4-dFd where M is B or S and teaches in claim 3 that the positive active material contains a carbon coating layer. Ohira et al. (US 2013/0209886) teaches a cathode comprising a cathode material comprising LiMn1-xMxP1-ySiyO4. Fang et al. (US 2015/0311522) teaches in Example 1, an active material comprising Li1.09Mn0.4(Ni0.1Co0.5)PO4. Fang et al. teaches in Example 2, an active material comprising Li1.10Mn1/3(Ni1/3Co1/3)PO4. Fang et al. teaches a positive active material comprising LiaMbN’1-bPO4-gBc where 0.9 < a <1.1; 0.6 < b < 1.0; 0 < g < 0.5 and 0 < c < 0.25 where M is at least one of Mn, Fe and Co and B is at least one of S, F, Cl, etc. Kay (WO 2009/144600) lithium manganese phosphates/carbon nanocomposites as cathode active material with the general formula LixMnyM1-yPO4 with a carbon layer. Kay teaches on page 3, that the presence of a carbon layer improves electric chemical performance and close to theoretical capacity was observed in the low rates. Oh et al. (EP 2 615 673) teaches a positive electrode active material comprising particles of chemical formula 1, LiaMn1-xMxPO4 coated with the uniform carbon coating layer. Oh et al. teaches on page 2, [0003], the various olivine type LiMPO4 (M=Mn, Fe, Co and Ni) known to be used as positive electrode active materials that are economical and safe to solve the problem of low conductivity, a layer of carbon is provided on the material. Khot et al. (US 2015/0311527) teaches in [0003], LiFePO4 is known as a low-cost material that is thermally stable and has low toxicity. It can also demonstrate very high-rate capability (high power density) when made with a smaller particle size and a good carbon coating. LiFePO4 has a relatively low working voltage and because of this has a low energy density relative to oxide cathode materials in the principal, the working voltage and therefore the energy density can be increased, substituting manganese for some or all of the iron to produce, lithium manganese, iron phosphate, LiaMnbFe1-bPO4 [LMFP). Nakamura et al. (JP 2002-198050, machine translation) teaches a positive electrode comprising an active material comprising Li1-xA0<x<0.1Fe1-y-zM0<y<0.5Me0<z<0.3P1-mX0< m <0.3O4-nZ0<n<0.5 where A can be Na or K; M can be Mn, Co, etc.; Me can be Al; X at least one of Si, Ni, S, etc. and Z is at least one of F, Cl, Br, S, etc. and x+z+m+n >0. Nakamura et al. teaches in Example 13, the active material comprises Li0.95Na0.05Fe0.8Co0.2PO4 and teaches in Example 14, the active material comprises Li0.95K0.05Fe0.8Co0.2PO4 [Thus teaching A’ and B’ are known]. Nakamura et al. teaches in Example 9, the active material comprises LiFe0.8Co0.2P0.9Si01O4 and teaches in Example 10, the active material comprises LiFe0.8Co0.2P0.9N01O4. Nakamura et al. teaches in Examples 3-5 and 7, the active material comprises LiFe0.8Co0.2PO3.9Z0.1 where Z can be F, Cl, Br and S. Nakamura et al. teaches that the positive electrode comprises the active material above; graphite as a conductive and a binder.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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