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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 02/07/2023. It is noted, however, that applicant has not filed a certified copy of the JP2023-016580 application as required by 37 CFR 1.55.
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 and 3-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Imanari (JP 2018081937 with English Machine Translation).
Regarding claim 1, Imanari discloses a nonaqueous electrolyte secondary battery (title; [0085]; [0090]) comprising: a positive electrode (2); a negative electrode (3); and a nonaqueous electrolyte (6) (see Figs. 1(a) and 1(b); [0054]-[0055]; [0085]), wherein the positive electrode (2) includes a positive electrode active material layer containing a positive electrode active material ([0059]; [0102]-[0103]), the positive electrode active material includes a lithium nickel cobalt manganese composite oxide (Li[Lix(Ni(1-y-z-w)CoyMnzMw)1-x]O2, where M is a metal, -0.1≤x≤0.2, 0<y≤0.4, 0<z≤0.4, 0≤w≤0.1, and 0.25<y+z+w) ([0006]; [0009]; [0011]). Imanari further discloses an example in which a BET specific surface area of the positive electrode active material is 2.8 m2/g ([0154]; see Example 6, Table 1), reading on the claimed range of 1.8 m2/g to 2.8 m2/g. In this example, Imanari further discloses that an average particle size (D50) of the positive electrode active material is 2.5 µm ([0154]; see Example 6, Table 1), making a ratio between the BET specific surface area to the average particle size (D50) of the positive electrode active material be equal to 1.12 (2.8/2.5), reading on the claimed range of 0.62 or more. Imanari further discloses that the nonaqueous electrolyte contains a nonaqueous solvent (organic solvent) and an electrolyte salt (lithium salt) ([0085]-[0088]). Imanari further discloses that the nonaqueous solvent can include methyl acetate ([0087]). Thus, Imanari reads on all of the limitations in claim 1.
Regarding claim 3, Imanari discloses all of the limitations as set forth above for claim 1. As set forth above, Imanari discloses an example in which the BET specific surface area of the positive electrode active material is 2.8 m2/g, and the average particle size (D50) of the positive electrode active material is 2.5 µm ([0154]; see Example 6, Table 1). This leads to a ratio of the BET specific surface area to the average particle size (D50) of the positive electrode active material equal to 1.12 (2.8/2.5), reading on the claimed range of 0.80 or more.
Regarding claim 4, Imanari discloses all of the limitations as set forth above for claim 1. Imanari further discloses that the positive electrode active material layer can further contain carbon nanotubes as a conductive agent ([0060]-[0061]).
Regarding claim 5, Imanari discloses all of the limitations as set forth above for claim 1. Regarding the limitation requiring that the positive electrode active material is hollow particles, the instant specification defines “hollow particles” as particles having inner voids larger than gaps between primary particles in secondary particles formed by simply agglomerated primary particles (see [0037] of the instant specification). Imanari discloses that the positive electrode active material is composed of secondary particles containing many voids between the primary particles making up the secondary particles (see Fig. 2(a); [0010]; [0020]). Furthermore, Imanari discloses an example of a secondary particle according to the invention which has inner voids larger than gaps between the primary particles (see Modified Figure 3 below). Thus, it is clear that Imanari reads on the limitation requiring the positive electrode active material to be hollow particles.
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Modified Figure 3, Imanari
Regarding claim 6, Imanari discloses all of the limitations as set forth above for claim 1. Imanari further discloses an example in which a percentage of nickel in a total content of metal elements except for lithium in the lithium nickel cobalt manganese composite oxide is 55% by mole ([0150]; see Example 6, Table 1), reading on the claimed range of 50% by mole or more.
Regarding claim 7, Imanari discloses all of the limitations as set forth above for claim 1. Examiner notes that the claims are directed to a secondary battery, not a battery-vehicle assembly. Thus, the limitations in claim 7 requiring that the secondary battery be part of a vehicle driving power supply for hybrid vehicles are merely intended use limitations that fail to require additional structure to the claimed secondary battery. Therefore, the battery disclosed by Imanari only needs to be capable of being used as a battery in a vehicle driving power supply for hybrid vehicles in order to satisfy the claim. As it stands, Imanari discloses that the battery is capable of being used as a power supply for automobiles ([0002]). Thus, it is clear that the battery disclosed by Imanari would also be capable of being used as a vehicle driving power supply for hybrid vehicles. Thus, Imanari satisfies all of the limitations in claim 7.
Claim Rejections - 35 USC § 103
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Imanari (JP 2018081937 with English Machine Translation) in view of Song et al. (US 2011/0206998) (Song).
Regarding claim 2, Imanari discloses all of the limitations as set forth above for claim 1. Imanari fails to disclose, however, the claimed volume content of the methyl acetate in the nonaqueous solvent.
However, this volume content is known in the art. For instance, Song teaches a similar nonaqueous electrolyte secondary battery (title; abstract) comprising: a positive electrode, a negative electrode, and a nonaqueous electrolyte (abstract; [0020]). Song further teaches that the nonaqueous electrolyte contains a nonaqueous solvent and an electrolyte salt ([0020]), wherein the nonaqueous solvent contains an acetate-based ester solvent, specifically methyl acetate ([0021]; [0024]). Song further teaches that the nonaqueous solvent contains 10% to 50% by volume of the acetate-based ester solvent ([0023]), with specific examples in which the nonaqueous solvent contains 30% by volume of methyl acetate ([0066]) and 20% by volume of methyl acetate ([0068]), suggesting the claimed range of 3% to 30% by volume. Song further teaches that configuring the nonaqueous solvent in this way improves the low-temperature characteristics of the battery ([0023]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the nonaqueous solvent disclosed by Imanari to have the claimed volume content of methyl acetate, as taught by Song, because they would have had a reasonable expectation that doing so would improve the low-temperature characteristics of the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm.
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/B.C.D./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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