DETAILED ACTION
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 (i.e., claims 1-11) in the reply filed on 05/27/26 is acknowledged.
Priority
This application is a continuation of PCT/CN2022/091479, filed 05/07/22.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/19/23 and 02/27/25 was considered by the examiner.
Drawings
The drawings were received on 10/19/23.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “This application relates to”, etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It does not appear to capture the essence of the disclosed/claimed invention.
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 –
Claims 1-11 are rejected under 35 U.S.C. 102a1 as being anticipated by the publication CN 108963317 (herein CN’317).
As to claims 1, 3-4, 10 and 11:
CN’317 discloses that it is known in the art to make a sodium-based secondary battery (i.e., encompassing a battery pack/module) comprising a negative electrode including a negative current collector and a negative active material layer including a carbon-based material such as graphite and carbon fiber deposited on the negative current collector; a positive electrode including a positive current collector and a positive active material layer containing a sodium-based material deposited on the positive current collector; and an electrolyte in the amount of 0.1-10 mass percent containing sodium and lithium salts
As to claims 2, 5:
CN’317 discloses the thickness of the negative electrode active material layer in the range of 100-500 nm (see CLAIM 4). As to the surface density of the negative electrode active material layer, the same is deemed to be an inherent property of the disclosed material. MPEP 2112.01 [R-3] Composition, Product, and Apparatus Claims: I. PRODUCT AND APPARATUS CLAIMS — WHEN THE STRUCTURE RECITED IN THE REFERENCE IS SUBSTANTIALLY IDENTICAL TO THAT OF THE CLAIMS, CLAIMED PROPERTIES OR FUNCTIONS ARE PRESUMED TO BE INHERENT. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See also In re Ludtke, 441 F.2d 660, 169 USPQ 563 (CCPA 1971); Northam Warren Corp. v. D. F. Newfield Co., 7 F. Supp. 773, 22 USPQ 313 (E.D.N.Y. 1934) (A patent to a pencil for cleaning fingernails was held invalid because a pencil of the same structure for writing was found in the prior art.). Accordingly, products of identical chemical composition cannot have mutually exclusive properties, and thus, the claimed characteristics (i.e. the specific first/second potentials and respective states of charge (SOC), and their particular relationship), are necessarily present in the prior art material. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 [R-3] Composition, Product, and Apparatus Claims. See also In re Papesch, 315 F.2d 381, 391, 137 USPQ 43, 51 (CCPA 1963) “From the standpoint of patent law, a compound and all its properties are inseparable.”
As to claims 6-9:
CN’317 discloses (see CLAIMS 2-4) lithium salts in the amount of 3-25 mass percent including ethylene/propylene carbonates, butylene/dimethyl/ethyl-methyl carbonates; and the following Li/Na-based salts:
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Thus, the present claims are anticipated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following reference discloses subject matter related to the claimed invention: Ikejiri et al’547.
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
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