CTNF 18/488,461 CTNF 102028 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. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ise et al. (US 20170077504 A17) in view of Yoshima et al. (US 20190089009 A1) . Regarding claim 1 , Ise teaches of an electrode [0009] comprising: niobium titanium oxide particles (Fig. 3, 201, [0083]) and an inorganic particle-containing layer covering at least a part of surfaces of the niobium titanium oxide particles (Fig. 3, 202, [0084]). Ise does not teach that the electrode also comprises inorganic particles wherein an average particle size of the inorganic particles is larger than a thickness of the inorganic particle-containing layer. Yoshima, however, does teach an electrode (Abstract) comprising niobium titanium oxide particles (Fig. 3, 11, [0067], [0147]) and inorganic particles (Fig. 3, 12, [0108], [0147]). Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to modify the Ise et al. electrode to include inorganic particles mixed in with the inorganic particle covered niobium titanium oxide particles because when the negative electrode layer contains the solid electrolyte, or inorganic, particles, the negative electrode density can be improved, and the water content in the negative electrode layer can be reduced. Therefore, electrolysis of water that occurs in the negative electrode layer is suppressed. (Yoshima [0024]). The modified Ise battery also teaches that the average particle size of the inorganic particles is larger than a thickness of the inorganic particle-containing layer. Yoshima discloses that the average particle size of the inorganic particle is in a range from 0.05 μm to 10 μm [0116]. Ise discloses that the average thickness of the inorganic particle-containing later is 0.03 μm [0238]. The entire range of average inorganic particle sizes is larger than the average inorganic particle containing layer thickness. Regarding claim 2 , modified Ise teaches the electrode according to claim 1, wherein the thickness of the inorganic particle-containing layer is in a range of 0.001 μm or more and 0.4 μm or less (Ise [0238]). The thickness of the shell layer 102 shown in FIG. 16 was RS=0.03 μm. This thickness falls within the range stated in the claim. Regarding claim 3 , modified Ise teaches the electrode according to claim 1, wherein the average particle size of the inorganic particles is in a range of 0.4 μm or more and 1 μm or less (Yoshima [0116]). The average particle size of the solid electrolyte particles is, for example, 0.05 μm to 10 μm. This range covers the range stated in the claim. 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). Regarding claim 4, modified Ise teaches the electrode according to claim 1, wherein the inorganic particle-containing layer covers a part of surfaces of the niobium titanium oxide particles, and at least a part of a portion other than the part of surfaces of the niobium titanium oxide particles is exposed on a surface of the electrode (Ise [0067]). Ise et al states that “it is sufficient if the shell layer covers at least a part of the surface of the core particle”, meaning that a percentage of the niobium titanium oxide particle may be exposed. Regarding claim 5 , modified Ise teaches the electrode according to claim 1, wherein the inorganic particles comprise at least one selected from the group consisting of a solid electrolyte (Yoshima [0108]), and a metal oxide containing at least one element selected from the group consisting of Al, Ti, Si, Zr, and Mg (Yoshima [0110]). Yoshima gives an example of a solid electrolyte consisting of at least one element selected from the group: “an inorganic compound represented by LiM2(PO4)3 having a NASICON skeleton (M is at least one material selected from Ti, Ge, Sr, Zr, Sn, and Al)” [0108]. Yoshima also gives the example of the metal oxide: “an oxide such as…garnet type LLZ (Li7La3Zr2O12)” [0110]. Regarding claim 6 , modified Ise teaches the electrode according to claim 1, wherein the inorganic particle-containing layer comprises at least one selected from the group consisting of solid electrolyte-containing particles, and particles comprising a metal oxide containing at least one element selected from the group consisting of Al, Ti, Si, Zr, and Mg (Ise [0054]). Ise’s example is a lithium phosphate layer, and lithium phosphate is a known solid electrolyte ( [0065] of the instant specification). Regarding claim 7 , modified Ise teaches the electrode according to claim 1, wherein the inorganic particles comprise a solid electrolyte, and the inorganic particle-containing layer comprises solid electrolyte-containing particles (Ise [0054], Yoshima [0108]). Regarding claim 8 , modified Ise teaches a secondary battery comprising: a positive electrode; a negative electrode; and a nonaqueous electrolyte, wherein the nonaqueous electrolyte comprises a fluorine atom (Ise [0170]), and at least one of the positive electrode and the negative electrode is the electrode according to claim 1 (Ise Claim 10). Regarding claim 9 , modified Ise teaches a battery pack comprising the secondary battery according to claim 8 (Ise Claim 11). Regarding claim 10 , modified Ise teaches the battery pack according to claim 9, further comprising: an external power distribution terminal; and a protective circuit (Ise Claim 12) Regarding claim 11 , modified Ise teaches the battery pack according to claim 9, further comprising a plurality of the secondary battery, the plurality of the secondary battery being electrically connected in series, in parallel, or in a combination of in series and in parallel (Ise Claim 13). Regarding claim 12 , modified Ise teaches a vehicle comprising the battery pack according to claim 9 (Ise Claim 14). Regarding claim 13 , modified Ise teaches the vehicle according to claim 12, comprising a mechanism that converts kinetic energy of the vehicle into regenerative energy (Ise Claim 15). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm. 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, Niki Bakhtiari can be reached at (571) 272-3433. 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. /YVONNE WEI/Examiner, Art Unit 1722 /NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722 Application/Control Number: 18/488,461 Page 2 Art Unit: 1722 Application/Control Number: 18/488,461 Page 3 Art Unit: 1722 Application/Control Number: 18/488,461 Page 4 Art Unit: 1722
Prosecution Insights