CTNF 18/451,163 CTNF 101927 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-25 AIA Applicant's election with traverse of Species I, “A cathode comprising a binary mixture of small particles with low aspect ratios and needle like particles as disclosed in [0042]” in the reply filed on March 27, 2026 is acknowledged. The traversal is on the ground(s) that it would not be burdensome to search for species I and IV together . This is not found persuasive because there is a search burden between species I-IV. For example, group II requires searching for plate-like particles, but this is not required by group I . The requirement is still deemed proper and is therefore made FINAL. 08-05 AIA Claim 7 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on March 27, 2026 . Accordingly, Examiner notes that claims 5, 11, and 19 are further withdrawn because they are directed to a non-elected species of plate-like particles Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 6 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. The term “particle size” in claim 6 is unclear which renders the claim indefinite. The term “particle size” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant must point out and distinctly claim a specific measurable size parameter, such as a length, width, diameter, purposes of examination, the Examiner has interpreted the “particle size” to be defined by a length, width, diameter, or the like. 07-34-01 Claim 20 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. 07-34-05 AIA Claim 20 recites the limitation " the cathode " in "an electrochemical cell comprising the cathode disposed on a current collector" . There is insufficient antecedent basis for this limitation in the claim. Applicant is reminded that use of terms such as prepositions “the”, “said”, “such”, etc. commonly trigger 35 U.S. Code § 112 indefiniteness rejections. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 3-4, 8, 12-13, 15, 20 is/a re rejected un der 35 U.S.C. 102(a)(1) as being ant icipat ed by KIM EP-3618153-A1 . Re garding claim 1, K IM discloses, according to all the features of claim 1, a cathode for use in a lithium ion battery, wherein the cathode comprises: an active material present in an amount of from 70 to 99 weight percent ((0056), "An amount of the cathode active material may be from about 70 wt% to about 99.9 wt% ... [or] … to about 98.9 wt% ... based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the cathode active material within the above range, discharge capacity of the cathode is further increased"), wherein the active material comprises a lithium rich nickel manganese oxide (the Examiner notes the following special definition of "lithium rich" is used in this office action as defined in the instant disclosure, instant disclosure, (0038), "By lithium rich is meant that the molar ratio of lithium to other metals (e.g., nickel, manganese, and optionally an additional transition metal such as Co) in the active material is greater than 1:1, e.g., 1.1:1 to 1.49:1; KIM teaches, KIM, (0053), “the lithium transition metal oxide may be a compound represented by Formula 2 Formula 2 Li_(a)Ni_(x)Co_(y)M_(z)O_(2-b)A_(b) In Formula 2, 1.0≤a≤1.2, 0≤b≤0.2, 0.3≤x<1, 0<y≤0.4, 0<z≤0.4, x+y+z=1, M is manganese (Mn)”); The Examiner notes that if, in formula 2, a is taken to be a=1.2, x+y+z is taken to be x+y+z=1, and b is taken to be 0, the molar ratio of lithium to other metals is 1.2:1, and therefore the molar ratio of lithium to other metals in the active material is greater than 1:1 . a conductive network of a mixture of conductive elements present in an amount of from 0.25 to 20 weight percent ((0028), "In the cathode, an amount of the conductive material may be from about 0.1 wt% to about 5 wt%, from about 0.3 wt% to about 4 wt%, from about 0.5 wt% to about 4 wt%, from about 1.0 wt% to about 4 wt%, from about 1.0 wt% to about 3 wt%, from about 1 wt% to about 2.5 wt%, or from about 1.0 wt% to about 2 wt% based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the conductive material within the range described above, the adhesive force, flexibility, and electrical conductivity of the cathode are further improved. As a result, cycle characteristics of the lithium battery including the cathode are further improved"), wherein the mixture of conductive elements comprises two or more of low aspect ratio particles (the Examiner notes that the following special definition is used in this instant office action as defined in (0043) of the instant disclosure: "The small particles with low aspect ratios may be substantially spherical, or may be irregular with aspect ratios of the longest dimension to the shortest dimension of 2:1 to 1:1, 1.5:1 to 1:1, or 1.2:1 to 1:1. For example, the small particles with low aspect ratio can be carbon black". KIM anticipation, (0027), "The aspect ratio of the particulate carbon conductive material may be about 1.01 to about 2, about 1.05 to about 1.8, or about 1.1 to about 1" ... "Examples of the particulate carbon conductive material may include carbon black""), plate-like particles (withdrawn in applicant reply filed on March 27, 2026), and needle-like particles ((0026), "the linear carbon conductive material may include carbon nanotube (CNT) ... An aspect ratio (length to width ratio) of the linear carbon conductive material may be ... about 2 to about 1,000,000, about 10 to about 100,000, or about 100 to about 10,000"), and a binder system present in an amount of from 0.25 to 10 weight percent ((0036), "the amount of the first binder may be from about 0.01 wt% to about 2 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the first binder within the above range, adhesive force between the cathode active material and an electrode plate is further improved, and a lithium battery including the cathode may have improved cycle characteristics". (0042), "an amount of the second binder, which does not comprise fluorine, may be ... from about 0.1 wt% to about 2 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the second binder within the above range, flexibility and electrical conductivity of the cathode are further improved and a lithium battery including the cathode has further improved cycle characteristic". (0038), "the amount of the third binder, which does not comprise a polar functional group, may be from about 0.01 wt% to about 2 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the third binder within the above range, dispersibility of the cathode active material is further improved in the cathode and cycle characteristics of a lithium battery including the cathode are further improved." Based on these requirements, the amount of total binder may range from the sum of the ranges of the first binder (0.01%-2%), the second binder (0.1%-2%), and the third binder (0.01%-2%), or a combined binder system present in an amount of from 0.12 to 6 weight percent. Therefore, inclusion of a binder system present in an amount of from 0.25 to 10 weight percent is anticipated by KIM. wherein the binder system comprises a primary binder polymer ((0037), "the third binder may be a polyvinylidene fluoride (PVDF) binder"), and an acid group or a salt thereof ((0030), "In the first binder, the polar functional group may include a carboxylic acid group, a sulfonic acid group, ... a salt thereof, or a combination thereof"), Regarding Claim 3, the cathode of claim 1 wherein the mixture of conductive elements comprises the low aspect ratio particles in an amount 0.1 up to 10 weight percent ( (0028), "In the cathode, an amount of the conductive material may be from about 0.1 wt% to about 5 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the conductive material within the range described above, the adhesive force, flexibility, and electrical conductivity of the cathode are further improved. As a result, cycle characteristics of the lithium battery including the cathode are further improved"; (0027), "A weight ratio of the linear carbon conductive material to the particulate carbon conductive material may be from about 90:10 to about 10:90, from about 90:10 to about 50:50, from about 90:10 to about 60:40, from about 85:15 to about 60:40, or from about 80:20 to about 60:40, based on a total weight of the linear carbon and the particulate carbon. When the weight ratio of the linear carbon conductive material to the particulate carbon conductive material is within the ranges above, dispersibility of the conductive material is improved and electrical conductivity of the cathode is further improved, even when a low amount, e.g., about 5 wt%, of the conductive material is present, thereby decreasing internal resistance."" The Examiner notes that a ratio of linear carbon conductive material to the particulate carbon material from 90:10 to 10:90 corresponds to a weight percent of low aspect ratio particles from 0.01% (90:10, 0.1% wt% total) to 4.5% (10:90, 5% wt% total)"), the plate-like particles in amounts from 0 up to 10 weight percent based on total weight of the cathode (the Examiner notes 0 weight percent reads on the claim), and the needle-like particles in amounts from 0.05 up to 5 weight percent based on total weight of the cathode ((0026), "the amount of the linear carbon conductive material included in the cathode may be from about 0.1 wt% to about 5 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder)". Regarding Claim 4, the cathode of claim 1 comprising 90 to 99 weight percent of the lithium rich nickel manganese oxide based on total weight of the cathode ((0056), "When the lithium transition metal oxide has the bimodal particle size distribution, a mixture density of the cathode including the lithium transition metal oxide is further increased. An amount of the cathode active material may be from about … 90 wt% to about 99.9 wt%, … to about 98.9 wt%, based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the cathode active material within the above range, discharge capacity of the cathode is further increased"). Regarding Claim 8, the cathode of claim 1 wherein the needle-like particles have a length of from 0.1 up to 100 micrometers ((0026), "the carbon nanotube may have ... a length of from about 1 micrometer (µm) to about 50 µm") and an aspect ratio of 10 to 5000 ((0026), "An aspect ratio (length to width ratio) of the linear carbon conductive material may be … 10 or greater … 10 to about 100,000, or about … 10,000. When the linear carbon conductive material has such an aspect ratio, the linear carbon conductive material may be three-dimensionally dispersed in the cathode to form a conductive network, even when a low amount, e.g., about 3 wt%, based on the total combined weight of the cathode active material, the conductive material, and the binder is present, thereby improving electrical conductivity of the cathode"). Regarding Claim 12, the cathode of claim 1 wherein the primary binder polymer comprises polyvinylidene fluoride ((0037), "the third binder may be a polyvinylidene fluoride (PVDF) binder". The Examiner notes that the third binder of the cited prior art (KIM) represents the primary binder of the instant disclosure). Regarding Claim 13, the cathode of claim 1 wherein the acid group is carboxylic acid or sulfonic acid ((0030), "In the first binder, the polar functional group may include a carboxylic acid group, a sulfonic acid group"). Regarding Claim 15, the cathode of claim 1 wherein the acid group is provided on an acid functional polymer ((0030), "In the first binder, the polar functional group may include a carboxylic acid group, a sulfonic acid group, ... a salt thereof, or a combination thereof") distinct from the primary binder polymer ((0037), "the third binder may be a polyvinylidene fluoride (PVDF) binder"). Regarding Claim 20, an electrochemical cell comprising the cathode disposed on a current collector ((0093), "a coin cell (CR2032 type) was prepared using the cathode plate") an anode disposed on an anode current collector and an electrolyte ((0069), "the anode active material composition is directly coated on an anode current collector and dried to prepare an anode") wherein the cathode comprises an active material present in an amount of from 70 to 99 weight percent ((0086), "Comparative Example 1: 96 wt% of nickel cobalt manganese oxide (NCM)"), wherein the active material comprises a lithium rich nickel manganese oxide (the Examiner notes the following special definition of "lithium rich" is used in this office action as defined in the instant disclosure, instant disclosure, (0038), "By lithium rich is meant that the molar ratio of lithium to other metals (e.g., nickel, manganese, and optionally an additional transition metal such as Co) in the active material is greater than 1:1, e.g., 1.1:1 to 1.49:1; KIM teaches, KIM, (0053), “the lithium transition metal oxide may be a compound represented by Formula 2 Formula 2 Li_(a)Ni_(x)Co_(y)M_(z)O_(2-b)A_(b) In Formula 2, 1.0≤a≤1.2, 0≤b≤0.2, 0.3≤x<1, 0<y≤0.4, 0<z≤0.4, x+y+z=1, M is manganese (Mn)”); The Examiner notes that if, in formula 2, a is taken to be a=1.2, x+y+z is taken to be x+y+z=1, and b is taken to be 0, the molar ratio of lithium to other metals is 1.2:1, and therefore the molar ratio of lithium to other metals in the active material is greater than 1:1 . a conductive network of a mixture of conductive elements present in an amount of from 0.25 to 20 weight percent ((0028), "In the cathode, an amount of the conductive material may be from about 0.1 wt% to about 5 wt%, from about 0.3 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the conductive material within the range described above, the adhesive force, flexibility, and electrical conductivity of the cathode are further improved. As a result, cycle characteristics of the lithium battery including the cathode are further improved"). wherein the mixture of conductive elements comprises two or more of low aspect ratio particles ((0027), "The aspect ratio of the particulate carbon conductive material may be about 1.01 to about 2, about 1.05 to about 1.8, or about 1.1 to about 1. Examples of the particulate carbon conductive material may include carbon black"), plate-like particles (the Examiner notes that the limitation of plate-like particles was withdrawn in applicant’s response filed on March 27, 2026), and needle-like particles ((0026), "the linear carbon conductive material may include carbon nanotube (CNT) ... An aspect ratio (length to width ratio) of the linear carbon conductive material may be ... about 2 to about 1,000,000, about 10 to about 100,000, or about 100 to about 10,000"), and a binder system present in an amount of from 0.25 to 10 weight percent ((0036), "the amount of the first binder may be from about 0.01 wt% to about 2 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the first binder within the above range, adhesive force between the cathode active material and an electrode plate is further improved, and a lithium battery including the cathode may have improved cycle characteristics". (0042), "an amount of the second binder, which does not comprise fluorine, may be ... from about 0.1 wt% to about 2 wt%, from about 0.1 wt% to about 1.5 wt%, from about 0.1 wt% to about 1.0 wt%, from about 0.1 wt% to about 0.7 wt%, from about 0.1 wt% to about 0.5 wt%, or from about 0.1 wt% to about 0.3 wt%, based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the second binder within the above range, flexibility and electrical conductivity of the cathode are further improved and a lithium battery including the cathode has further improved cycle characteristic"". (0038), ""the amount of the third binder, which does not comprise a polar functional group, may be from about 0.01 wt% to about 2 wt%, from about 0.01 wt% to about 1.5 wt%, from about 0.01 wt% to about 1.0 wt%, from about 0.01 wt% to about 0.5 wt%, from about 0.01 wt% to about 0.2 wt%, or from about 0.01 wt% to about 0.1 wt%, based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the third binder within the above range, dispersibility of the cathode active material is further improved in the cathode and cycle characteristics of a lithium battery including the cathode are further improved."" Based on these requirements, the amount of total binder may range from the sum of the ranges of the first binder (0.01%-1.5%), the second binder (0.1%-2%), and the third binder (0.01%-2%), or a combined binder system present in an amount of from 0.03 to 5.5 weight percent). Therefore, inclusion of a binder system present in an amount of from 0.25 to 10 weight percent would be obvious. This modification would benefit the system by improving adhesion, cycle characteristics, flexibility, electrical conductivity, and dispersibility)." wherein the binder system comprises a primary binder polymer ((0037), "the third binder may be a polyvinylidene fluoride (PVDF) binder") and an acid group or a salt thereof ((0030), "In the first binder, the polar functional group may include a carboxylic acid group, a sulfonic acid group, ... a salt thereof, or a combination thereof"), wherein the amounts are based on a total weight of the cathode . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-22-aia AIA Claim (s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claim 1 above, and further in view of THACKERY . Thackeray, M. M.; Kang, S.-H.; Johnson, C. S.; Vaughey, J. T.; Hackney, S. A. Comments on the Structural Complexity of Lithium-Rich Li1+xM1−xO2 Electrodes (M=Mn, Ni, Co) for Lithium Batteries. Electrochemistry Communications 2006 , 8 (9), 1531–1538. https://doi.org/10.1016/j.elecom.2006.06.030. Regarding Claim 2: KIM teaches the cathode of claim 1 comprising a lithium rich nickel manganese oxide, but is silent on wherein the lithium rich nickel manganese oxide has the formula xLi2MnO3*(1-x)LiMO2 ; wherein 0 < x ≤ 0.5, M comprises Ni, Mn and optionally Co, and the mole ratio of Ni:Mn is in the range of 1:4 to 1:1. TACKERAY teaches wherein the lithium rich nickel manganese oxide has the formula L i L i 1 3 - 2 x 3 N i x M n 2 3 - x 3 O 2 f o r 0 ≤ x < 0.5 (Page 1, right column, “local L i 2 M n O 3 configurations and partially disordered L i 2 M n O 3 - l i k e configurations … have been detected by nuclear magnetic resonance in the system L i L i 1 3 - 2 x 3 N i x M n 2 3 - x 3 O 2 f o r 0 ≤ x < 0.5 ”). As another example, TACKERAY teaches wherein the lithium rich nickel manganese oxide has the formula xLi2MnO3*(1-x)LiMO2 (Page 2, left column, “the concept of designing two-component electrode structures for lithium batteries … can be extended to x L i 2 M ' O 3 ∙ 1 - x L i M O 2 systems”), but is silent on a range for x. The Examiner notes the instant disclosure of the present application discloses L i L i 1 3 - 2 x 3 N i x M n 2 3 - x 3 O 2 f o r 0 ≤ x < 0.5 is another example of the lithium rich nickel-manganese oxide xLi2MnO3*(1-x)LiMO2 ; wherein 0 < x ≤ 0.5, M comprises Ni, Mn, or Co (instant disclosure, (0038), “the lithium rich nickel-manganese oxide can be represented as xLi2MnO3 * (1-x)LiMO2; 0 < x ≤ 0.5 where M includes Ni and Mn … In another example, M further includes an additional transition metal such as Co. … As another example, the lithium rich metal oxide can be represented by the formula Li[Li1/3-2y/3NiyMn2/3-y/3]O2 wherein 0 < y < 0.5”). and the mole ratio of Ni:Mn is in the range of 1:4 to 1:1 (the Examiner notes that TACKERY teaches L i L i 1 3 - 2 x 3 N i x M n 2 3 - x 3 O 2 f o r 0 ≤ x < 0.5 . For x=0, the mole ratio of Ni:Mn is 0:2/3 (0 Ni, 2/3 Mn). For x=0.5, the mole ratio of Ni:Mn is 1:1 ( 0.5 Ni ; 2/3 – (0.5)/3 = 0.5 Mn ). TACKERY’s range of x allows for the molar ratio of Ni:Mn to be as low as 1:infinity (0 + very small Ni, 2/3 - very small Mn) up to 1:1 (explained above). Therefore, the range of the mole ratio of Ni:Mn from 1:1 up to 1:infinity (or the entire range of the instant claim) is taught by TACKERY. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the invention of KIM by replacing the lithium rich nickel manganese oxide of KIM with one that has two structurally compatible, layered rocksalt components , Li2MnO3 and LiMO2, as shown by THACKERY. This modification would benefit the system by using a Li2MnO3 structural component to stabilize an electrochemically active LiMO2 component (Page 2, right column, “The concept of integrating two structurally compatible, layered rocksalt components, Li2MnO3 and LiMO2, is particularly appealing; it allows the possibility of using a Li2MnO3 structural component, which in the sense of a true intercalation electrode is electrochemically inactive to lithium insertion and extraction, to be dispersed within and to stabilize an electrochemically active LiMO2 component matrix, in which M = Mn, Ni, or Co (or combinations thereof)”) . 07-22-aia AIA Claim (s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claim 1 above, and further in view of YU US-20170098817-A1 . Regarding Claim 6, KIM teaches the cathode of claim 1 wherein the low aspect ratio particles have an … aspect ratio of 2:1 to 1:1 ((0027), "The aspect ratio of the particulate carbon conductive material may be about 1.01 to about 2, about 1.05 to about 1.8, or about 1.1 to about 1"), but is silent on: wherein the low aspect ratio particles have an average particle size of 2 nanometers to 200 nanometers . YU teaches: wherein the low aspect ratio particles have an average particle size of 2 nanometers to 200 nanometers ((0017), "Micrometer size aggregates of nanometer size particles of carbon black are used in coating electrode materials for the purpose of improving electrochemical conductivity into and between particles of electrode materials in the presence of a suitable non-aqueous lithium ion-containing electrolyte ... It is preferred to use carbon black particles that are, individually, about ten to one hundred nanometers in diameter , or largest dimension" Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of KIM by wherein the low aspect ratio particles are specifically limited to particles with finite dimensions of having an average particle size of 2 nanometers to 200 nanometers, as suggested by YU. This dimension limitation on the particles of KIM as suggested by YU would benefit the system by improving electrochemical conductivity . 07-22-aia AIA Claim (s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claim 1 above, and further in view of PARK US-20050271943 . Regarding Claim 9, KIM teaches the cathode of claim 1 and an active material, but is silent on wherein the active material further comprises up to 60 % by weight of one or more additional metal oxides or phosphates. PARK teaches wherein the active material further comprises up to 60 % by weight of one or more additional metal oxides or phosphates ((0027), "the present invention employs, in admixture with the composite oxide (A), an active material, namely, lithium nickel-manganese-cobalt composite oxide (B)”; (0029), “preferably such that the lithium manganese-metal composite oxide (A) exceeds 50% by weight (the Examiner notes the limitation from PARK overlaps from 50-60% within the range disclosed by the instant limitation (0-60%)”). the Examiner notes the composite oxide (A) as referenced corresponds to the one or more additional metal oxides or phosphates of the instant disclosure). Therefore, it would have been obvious to one of ordinary skill in the art to modify the invention of KIM by inclusion of one or more additional metal oxides or phosphates comprising up to 60% of the active material, as suggested by PARK. This modification would benefit the system by improving high temperature cycle characteristics and service life of the cathode (PARK, (0023), "In the lithium manganese-metal composite oxide (A), among cathode active materials in accordance with the present invention, substitution of Mn with other metals (M=Al, Mg, Ni, Co, Fe, Ti, V, Zr or Zn) further improves high temperature cycle characteristics"). Regarding Claim 10, modified Kim teaches all the claim limitation of claim 9, and Kim further teaches the additional metal oxides or phosphates are lithium cobalt oxide ( LiCoO2 ) (LCO) [0051]. ( LiNi0.7Co0.2Mn0.1O2 , LiNi0.88Co0.08Mn0.04O2, LiNi0.8Co0.15Mn0.05O2, LiNi0.8Co0.1Mn0.1O2, LiNi0.88Co0.1Mn0.02O2, LiNi0.8Co0.15Al0.05O2, LiNi0.8Co0.1Al0.1O2, or LiNi0.88Co0.1Al0.02O2) [0055] . 07-22-aia AIA Claim (s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claim 1 above, and further in view of SASAKI US-20150303463 . Regarding Claim 14, KIM teaches the cathode of claim 1 comprising an acid group, but is silent on wherein the acid group is present in amounts of 0.05 to 10 milliequivalents per gram of binder system. SASAKI teaches wherein the acid group is present in amounts of 0.05 to 10 milliequivalents per gram of binder system ((0065), “The specific surface acid amount of the particulate binder A is usually … more preferably 0.03 meq/g or more, and is usually 0.10 meq/g or less”). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the invention of KIM by comprising wherein the acid group is present in amounts of 0.05 to 10 milliequivalents per gram of binder system, as suggested by SASAKI. This modification would benefit the system by increasing dispersibility of the conductive material(s) and improving life and cycle properties of the battery ((0065), “When the surface acid amount of the particulate binder A is equal to or more than the lower limit of the aforementioned range, dispersibility of the conductive material … can be increased. When the surface acid amount of the particulate binder A is equal to or lower than the upper limit, life property of the lithium ion secondary battery, such as the cycle property, can be improved”) . 07-22-aia AIA Claim (s) 16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claim 15 above, and further in view of SASAKI US-20150303463-A1 . Regarding Claim 16, KIM teaches the cathode of claim 15 comprising an acid group, but is silent on wherein the acid group is present in amounts of 0.05 to 10 milliequivalents per gram of binder system. SASAKI teaches wherein the acid group is present in amounts of 0.05 to 10 milliequivalents per gram of binder system ((0065), “The specific surface acid amount of the particulate binder A is usually … more preferably 0.03 meq/g or more, and is usually 0.10 meq/g or less”). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the invention of KIM by comprising wherein the acid group is present in amounts of 0.05 to 10 milliequivalents per gram of binder system, as suggested by SASAKI. This modification would benefit the system by increasing dispersibility of the conductive material(s) and improving life and cycle properties of the battery ((0065), “When the surface acid amount of the particulate binder A is equal to or more than the lower limit of the aforementioned range, dispersibility of the conductive material … can be increased. When the surface acid amount of the particulate binder A is equal to or lower than the upper limit, life property of the lithium ion secondary battery, such as the cycle property, can be improved”). Regarding Claim 18, the cathode of claim 16 wherein the acid functional polymer comprises an acid functionalized polymer polyvinylidene fluoride, (co)polymer or aromatic ionomer, sulfo-phenylated polyphenylene, a sulfonated derivate of poly(arylene ether), poly(arylene ether sulfone), poly(arylene sulfide), sulfonated polyimide, sulfonated polyphenylene, or combinations thereof (KIM, (0031), ""the first binder may be a polyvinylidene fluoride (PVDF) binder including a carboxylic acid group (-COOH) (e.g., a carboxyl group) or a salt thereof"" The Examiner notes that in the Examiner's reference as cited above, the acid functional polymer of the instant application corresponds to the first binder in the reference (KIM) as cited above . 07-22-aia AIA Claim (s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM as applied to claim 15 above, and further in view of OHASHI WO-1997032347-A1 . Regarding Claim 17, KIM teaches the cathode of claim 15 wherein the binder system comprises from 50 to 95 weight percent of primary binder polymer ((0050), "A total amount of the binder, including the first binder, the second binder, optionally the third binder, and optionally the fourth binder, may be from about 0.1 wt% to about 5 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the binder within the above range, flexibility, adhesive force, and/or cycle characteristics of the cathode are further improved”. (0038), "the amount of the third binder, which does not comprise a polar functional group, may be from about 0.01 wt% to about 2 wt% … based on the total combined weight of the cathode active material, the conductive material, and the binder. When the cathode includes the third binder within the above range, dispersibility of the cathode active material is further improved in the cathode and cycle characteristics of a lithium battery including the cathode are further improved". The Examiner notes that in the Examiner's reference as cited above, the primary binder of the instant application corresponds to the third binder in the reference as cited above. Based on these details, the binder system comprises from 0.2 (0.01% third binder; 5% total binder) to 100 (2% third binder; 2% total binder) weight percent of primary binder polymer). KIM is silent on wherein the binder system further comprises from 5 to 50 weight percent of acid functional polymer based on total weight of the binder system. OHASHI suggests wherein the binder system further comprises from 5 to 50 weight percent of acid functional polymer based on total weight of the binder system (Page. 1, Lines 15-17, ""the content of the acrylic polymer is ... preferably 0.2 to 20 % by weight ... of the grafted fluoroplastic [binder system]"". Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to change the binder composition of KIM by comprising 5 to 50 weight percent of acid functional polymer based on total weight of the binder system, as suggested by OHASHI. This modification would benefit the system by improving performance of the electrode and adhesion, while further preventing swelling of the binder (Page. 1, Lines 17-24, "If the content is less than 0.1 % by weight, the adhesion between the electrode activator and the collector is poor ; if the content is more than 20 % by weight, the binder's resistance becomes poor and an important swelling caused by the contact with the organic solvents used as electrolytes ...is observed. Consequently both low and high content of acrylic polymer have a bad influence on the performances of the electrodes and of the secondary cells"). Response to Amendment The amendment filed March 27, 2026 has been entered. Claims 1-4, 6, 8-10, 12-18, 20 remain pending in the application. Claims 5, 7, and 19 are withdrawn in the application for being directed to a non-elected species (plate-like particle(s)). Claim 11 is further withdrawn in the application for dependency on withdrawn Claim 5. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN M ABELSON whose telephone number is (571)272-9302. The examiner can normally be reached Monday - Friday, 7:30 AM - 5:00 PM U.S. EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. EVAN ABELSON Examiner Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721 Application/Control Number: 18/451,163 Page 2 Art Unit: 1721 Application/Control Number: 18/451,163 Page 3 Art Unit: 1721 Application/Control Number: 18/451,163 Page 4 Art Unit: 1721 Application/Control Number: 18/451,163 Page 5 Art Unit: 1721 Application/Control Number: 18/451,163 Page 6 Art Unit: 1721 Application/Control Number: 18/451,163 Page 7 Art Unit: 1721 Application/Control Number: 18/451,163 Page 8 Art Unit: 1721 Application/Control Number: 18/451,163 Page 9 Art Unit: 1721 Application/Control Number: 18/451,163 Page 10 Art Unit: 1721 Application/Control Number: 18/451,163 Page 11 Art Unit: 1721 Application/Control Number: 18/451,163 Page 12 Art Unit: 1721 Application/Control Number: 18/451,163 Page 13 Art Unit: 1721 Application/Control Number: 18/451,163 Page 14 Art Unit: 1721 Application/Control Number: 18/451,163 Page 15 Art Unit: 1721 Application/Control Number: 18/451,163 Page 16 Art Unit: 1721 Application/Control Number: 18/451,163 Page 17 Art Unit: 1721 Application/Control Number: 18/451,163 Page 18 Art Unit: 1721 Application/Control Number: 18/451,163 Page 19 Art Unit: 1721 Application/Control Number: 18/451,163 Page 20 Art Unit: 1721
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