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 .
Response to Arguments
Applicant's arguments filed 9-3-2026 have been fully considered but they are not persuasive. The rejection of claim 46 remains rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because it is unclear in b) and c) which layer is positioned on the current collector and which layer is positioned on the layer positioned on the current collector.
Applicant’s arguments with respect to claim(s) 46, 48-54, 56 and 58-61 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.
Claim Rejections - 35 USC § 112
Claims 46, 48-54, 56 and 58-61 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 46 is rejected because it is unclear in b) and c) which layer is positioned on the current collector and which layer is positioned on the layer positioned on the current collector. Claim 46 is rejected because unclear what is meant by “wherein material, the surface of the particles…”.
Claim Objections
Claims 46, 48-49 and 54 are objected to because of the following informalities: Claim 46 is objected to because “-” in “-and” should not be there. Claim 46 and 48-49 are objected to because “C” should not be used as a variable because C refers to carbon. Claim 54 is objected to because the upper range of the compacted density of the 1st positive active material at 3T is not claimed. Appropriate correction is required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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<0.5Mez=0.3P1-mX0< m <0.3O4-nZ0<n<0.5 where A can be Na or K; M can be Mn; X at least one of S, Si, Ni, 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 LiaAx is 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 [Thus teaching P1-mXm is known]. 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 [Thus teaching O4-nDn is known]. Nakamura et al. teaches that the positive electrode comprises the active material above; graphite as a conductive and a binder. Nakamura et al. teaches that the positive material was applied to a current collector. 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). 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. 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. Ohira et al. (US 2013/0209886) teaches a cathode comprising a positive material comprising LiMn1-xMxP1-ySiyO4. 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.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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