DETAILED ACTION
Claim Rejections - 35 USC § 102
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoshina et al. (WO 2018/020668), machine translation.
Regarding claim 1, Hoshina discloses an electrode and nonaqueous electrolyte battery comprising:
an electrode active substance Na-containing niobium titanium complex oxide (abstract); and a conductive agent (para 0039).
The active material has a maximum logarithmic differential pore volume peak greater than 100 nm and less than 300 nm (Fig. 1). The conductive agent is preferably graphite and carbon nanofiber (para 0039). Figure 1 to Hoshina is provided below.
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Claims 1, 4, 6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe et al. (US 2020/0203730).
Regarding claim 1, Watanabe discloses an electrode and nonaqueous electrolyte battery comprising:
negative electrode active material including titanium-containing composite oxides (para 0041); and
carbon material including carbon fibers (para 0044).
The active material has a maximum logarithmic differential pore volume peak of 250 nm (Fig. 4; para 0107). Figure 4 to Watanabe is provided below.
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Regarding claim 4, Watanabe discloses a pore volume of less than 0.15 mL/g (Fig. 4).
Regarding claim 6, Watanabe discloses Nb2TiO7 (para 0220).
Regarding claim 9, Watanabe discloses a positive electrode (para 0183), a negative electrode (para 0193), and electrolyte (para 0198).
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.
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.
Claims 7, 8, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hoshina et al. (WO 2018/020668) in view of Kusama et al. (US 2021/0083268).
Regarding claims 7 and 8, Hoshina teaches a preferred aspect ratio of 50 or more (para 0039); however, Hoshina is silent as to the express dimensions.
Kusama, directed to an electrode and secondary battery, also teaches carbon fiber with a ratio of 50 or more, and a thickness (diameter) of 1 nm to 200 nm and a length of 5 to 50 µm (para 0060).
It would have been obvious to one of ordinary skill in the art before the effective filing date to turn to the prior art for an express teaching for the length and thickness of the carbon fibers used for the same with the same aspect ratio.
Regarding claim 10, Kusama further teaches a battery pack (para 0002).
Regarding claim 11, Kusama teaches external connections (para 0141) and protective circuit (para 0144).
Regarding claim 12, Kusama teaches a plurality of batteries in series and/or parallel (para 0151).
Regarding claim 13, Kusama further teaches a vehicle (para 0002).
Regarding claim 14, Kusama teaches regenerative energy of motive force of vehicles (para 0145).
Allowable Subject Matter
Claims 2, 3, and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not expressly teach a total pore surface area and median diameter. The closest prior art teaching these limitations is Kusama et al. (US 2021/0083268); however, Kusama fails to teach the pore diameter PD at the peak is greater than 100 nm and less than 300 nm. Instead, Kusama teaches the pore diameter PD at the peak is 0.01 µm to 0.1 µm (abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571)272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
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