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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
1. Claim(s) 1-5,7,9 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Taniguchi et al. (US20130078516).
As to claim 1, Taniguchi et al. discloses an active material secondary particles comprising a plurality of negative electrode active material particles and perfluoropolyether (paragraph 0020).
As to claim 2, Taniguchi et al. discloses, wherein the negative electrode active material particles contain Si (paragraph 0020).
As to claim 3, Taniguchi et al. discloses wherein a volume ratio of the perfluoropolyether to the total of the negative electrode active material particles and the perfluoropolyether is 2% by volume or more and 30% by volume or less (paragraph 0022).
As to claim 4, Taniguchi et al. discloses the same material desired by the applicant therefore it is inherent, wherein the perfluoropolyether has a viscosity of 5 mPa⋅s or more and 3,000 mPa⋅s or less at 25°C. “Products of identical chemical composition can not 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)
As to claim 5, Taniguchi et al. discloses wherein the negative electrode active material particles have a mean particle diameter of 0.1 μm or more and 5.0 μm or less, and the active material secondary particles have a mean particle diameter of 0.5 μm or more and 20.0 μm or less (paragraph 0041).
As to claim 7, Taniguchi et al. discloses a method for producing active material secondary particles, the method comprising mixing a plurality of negative electrode active material particles and perfluoropolyether to bond the plurality of negative electrode active material particles to each other via the perfluoropolyether (paragraph 0020).
As to claim 9, Taniguchi et al. discloses a secondary battery comprising a negative electrode, an electrolyte layer and a positive electrode, wherein the negative electrode comprises the active material secondary particles according to claim 1 (paragraph 0073).
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.
2. Claim(s) 6,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al. in view of Honda (US20200067097).
Taniguchi et al. discloses the active material described above. Taniguchi et al. fail to disclose a solid electrolyte. Honda teaches a solid electrolyte formed at the interface between the electrode and the electrolytic solution for the purpose of stabilizing and attaining satisfactory movement of lithium ions thereby suppressing an increase of resistance (paragraph 0340).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to Taniguchi et al. with a solid electrolyte formed at the interface between the electrode and the electrolytic solution for the purpose of stabilizing and attaining satisfactory movement of lithium ions thereby suppressing an increase of resistance (paragraph 0340).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE J RHEE whose telephone number is (571)272-1499. The examiner can normally be reached Monday-Friday (10-6:30).
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/JANE J RHEE/ Primary Examiner, Art Unit 1724
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