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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-3 and 12-15) in the reply filed on September 1, 2026 is acknowledged.
Claims 4-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on September 1, 2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiao et al. (CN110729451A). The English machine translation of Jiao et al. is attached and is referenced below.
Regarding Claim 1, Jiao et al. teaches a positive electrode sheet comprising a lithium replenishment material (Para. [0006]) (i.e. a positive electrode additive used to prepare a positive electrode) for a lithium-ion battery (Para. [0028]), the lithium replenishment material comprises a core comprising lithium-ion compound and a coating layer on the surface of the core (i.e. a coating layer formed on a surface of the additive core) (Para. [0006]) wherein the lithium-ion compound is one or more of Li2NiO2 and Li2CuO2 (Para. [0010]) (i.e. a lithium (Li)-based additive core) and the coating layer comprises metal carbides (Para. [0006]) such as NbC (i.e. a coating layer of NbOxCy wherein x = 0 and y = 1).
Regarding Claim 2, Jiao et al. teaches all of the elements of the current invention in claim 1 as explained above.
Jiao et al. further teaches the core comprising lithium-ion compound (Para. [0006]), wherein the lithium-ion compound is one or more of Li2NiO2 and Li2CuO2 (Para. [0010]) (i.e. the additive core is formed of Li2MO2 wherein M = Ni, Cu).
Regarding Claim 12, Jiao et al. teaches a positive electrode sheet (i.e. a positive electrode) for a lithium-ion battery (Para. [0028]), comprising a lithium replenishment material (Para. [0006])(i.e. including a positive electrode additive) the lithium replenishment material comprises a core comprising lithium-ion compound and a coating layer on the surface of the core (i.e. a coating layer formed on a surface of the additive core) (Para. [0006]) wherein the lithium-ion compound is one or more of Li2NiO2 and Li2CuO2 (Para. [0010]) (i.e. a lithium (Li)-based additive core) and the coating layer comprises metal carbides (Para. [0006]) such as NbC (i.e. a coating layer of NbOxCy wherein x = 0 and y = 1).
Regarding Claim 13, Jiao et al. teaches all of the elements of the current invention in claim 12 as explained above.
Jiao et al. further teaches at least one conductive agent and at least one binder (Para. [0069]) (i.e. further comprising a conductive material and a binder).
Regarding Claim 14, Jiao et al. teaches all of the elements of the positive electrode in claim 12 as explained above.
Jiao et al. further teaches a lithium-ion battery (i.e. a lithium secondary battery) comprising the positive electrode (Para. [0028]).
Regarding Claim 15, Jiao et al. teaches all of the elements of the lithium secondary battery in claim 14 as explained above.
Jiao et al. further teaches the lithium-ion battery (i.e. lithium secondary battery) includes a negative electrode (Para. [0083]) including negative electrode active material (Para. [0090]) and a non-aqueous electrolyte (i.e. electrolyte) (Para. [0083]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jiao et al. (CN110729451A). The English machine translation of Jiao et al. is attached and is referenced below.
Regarding Claim 3, Jiao et al. teaches all of the elements of the current invention in claim 1 as explained above.
Jiao et al. further teaches the mass ratio of the lithium-ion compound (i.e. the additive core), the carbon in the coating layer, the metal carbide in the coating layer is 80-95:1-10:2-10 (i.e. the coating layer ranges from about 3 wt% based on 100 wt% of the additive core to about 25 wt% based on 100 wt% of the additive core, overlapping with the claimed range). 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(I).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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