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 Amendment
This action is responsive to applicant’s amendment filed 10/8/2025.
Claims 1, 4-6 are pending.
The previous rejection of claims 1, 4-6 under 35 U.S.C. 103 as being unpatentable Araki et al. (WO2017/169126) in view of Ishibashi et al. (US20210296653) and Muyng et al. (Chem. Mater., Vol. 17, No. 14, 2005) is withdrawn in view of applicant’s amendment.
New Grounds of Rejection
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1, 4-6 are rejected under 35 U.S.C. 103 as being unpatentable Oono et al. (US2016/0190589) in view of Ishibashi et al. (US20210296653).
Regarding claims 1 and 3, Oono discloses an electrode material including electrode active material particles, a conductive auxiliary agent (para 0112) and a carbonaceous film layer which coats surfaces of the electrode active material particles and includes a metal oxide (para 0029), wherein the metal oxide is an aluminum oxide (para 0063). The content ratio of the metal oxide in the carbonaceous film layer is preferably in a range of 10% by mass to 30% by mass (para 0068) and the average particle diameter of the metal oxide included in the carbonaceous film layer is 2 nm or less (para 0070). Oono further discloses regions of the metal oxide which form a discontinuous phase are dotted in a region of carbon which forms a continuous phase in the film layer (para 0033), therefore, the metal oxide particles are spaced apart from each other on the surface of the electrode.
Oono does not disclose the conductive auxiliary agent comprising a conductive fibrous carbon material contains a magnetic metal. Ishibashi discloses a positive electrode comprises a conductive agent, which includes carbon fiber (abstract), wherein the carbon fiber includes monolayer nanotube or a multilayer nanotube that may contain one or more metal elements selected from Fe, Co, and Ni; these metal are magnetic metals and the content of one or more metal elements is preferably 0.0001 mass % or more and 5 mass % or less, more preferably 0.0003 mass % or more and 0.5 mass % or less, and still more preferably 0.01 mass % or more and 0.5 mass % or less (para 0068). It would have been obvious to one of ordinary skill in the art before the filling date of the invention to use the carbon nanotubes, which contains one or more metal elements selected from Fe, Co, and Ni as taught by Ishibashi as the conductive auxiliary agent in the positive electrode mixture of Oono, and is motivated to do so, because Ishibashi discloses that then the carbon nanotubes contains these metal elements, the effect of adsorption on the active material, granular carbon, and/or current collector is enhanced (para 0068).
Oono discloses the content ratio of the metal oxide in the carbonaceous film layer is preferably in a range of 10% by mass to 30% by mass (para 0068). Ishibashi discloses the content of the conductive agent, which is carbon fiber that contains 0.01 mass % or more and 0.5 mass % or less of one or more metal elements selected from Fe, Co, and Ni, in the active material-containing layer is preferably 2 mass % or more and 10 mass % or less (para 0070). One of ordinary skill in the art would be able to determine a value obtained by dividing the coverage of the inorganic nanoparticles covering the surface of the electrode active material to content of the magnetic metal contained in the conductive fibrous carbon material, and said value would fall within the claimed range of 38.5 or less. The claims would have been obvious over the teachings of the reference because overlapping ranges would have been obvious. See 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) and MPEP 2144.05, I.
Regarding claims 4 and 5, Ishibashi discloses the content of the conductive fibrous carbon material contained in the electrode mixture is 0.04 wt% or greater (para 0070).
Regarding claim 6, Oono discloses a rechargeable battery (lithium-ion battery), comprising: the electrode mixture according to claim 1 (para 0121).
Response to Arguments
Applicant’s arguments filed 10/8/2025 have been considered but are moot because the new ground of rejection does not apply to subject matter specifically challenged in the argument.
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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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
1/22/2026
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