Prosecution Insights
Last updated: October 02, 2026
Application No. 18/534,679

SECONDARY BATTERY

Non-Final OA §103§112
Filed
Dec 10, 2023
Priority
Oct 20, 2023 — CN 202311373366.9
Examiner
STANLEY, JACOB ROBERT
Art Unit
Tech Center
Assignee
AESC Japan Ltd.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
16 currently pending
Career history
1
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§103 §112
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 . Specification The disclosure is objected to because of the following informalities: In paragraph 36 applicant uses the term curve ratio to refer to both the curve ratio and curve ratio specific value as evidenced by the differing numerical ranges set forth for the singular term. These definitions are inconsistent with earlier definitions in the specification. Paragraph 8 sets forth the term curve ratio specific value with a range of preferred values (80% – 87%) and paragraph 9 sets forth the term curve ratio with a range of preferred values (4% – 25%). The terms curve ratio specific value and curve ratio are mathematical expressions related to the discharge curve graph of the secondary battery. The written description does not establish these terms with enough clarity for one of ordinary skill in the art to reasonably ascertain what these terms refer to without the use of figure 1 and table 1 in paragraph 89. The term curve ratio is construed to be 100% - discharge depth % at beginning of second plateau caused by second active material. Expressly, this value is the total percent of the discharge depth caused by the second active material. The term curve ratio specific value is construed to be the value of the curve ratio divided by b. Wherein b is the mass percent of the second active material to the total sum of active materials across all layers [0007]. The curve ratio has a direct relation to the curve ratio specific value. In paragraph 36 applicant expresses “in the discharge curve of the secondary battery, a proportion of the curve occupied by the introduced second voltage platform is positively correlated with a mass content of the olivine structure material mixed in the positive electrode material”. Namely, applicant states that the beginning and size of the second plateau (curve ratio), can be changed by varying the mass percent of the second active material (curve ratio specific value). Therefore, if one knew the mass percent of the second active material and either the curve ratio or curve ratio specific value they could arrive at the other value. Furthermore, Paragraph 42 and 43 sets froth the degree of orientation for the negative and positive electrode. The degree of orientation is defined as Qc, wherein Qc equals the ratio of one peak area to another peak area. The degree of orientation for the positive sheet is defined as Qc = C003/C110 wherein, C003 is the peak area of the 003 characteristic diffraction peak in the X-ray diffraction spectrum and C110 is the peak area of the 110 characteristic diffraction peak in the X-ray diffraction spectrum. A similar degree of orientation is defined for the negative electrode sheet as Qc = C004/C110. However, the term peak area is not defined. The term could refer to either the area under the curve at the specified characteristic diffraction peak or the max intensity of light at the specified characteristic diffraction peak. Appropriate correction is required. Claim Objections Claim 1 is objected to because of the following informalities: The preamble of claim 1 states “a secondary batter”. All claims which depend on claim 1 state “the secondary battery according to claim 1”. In view of the depending claims, specification, and title of the instant application the preamble is construed to mean “a secondary battery” Appropriate correction is required. Claim Interpretation As discussed in the specification section above, mathematical relationships for the term curve ratio and curve ratio specific value are not defined. Rather ranges are set forth for each value. In view of figure 1 and table 1 in paragraph 89 of the specification, one can reasonably ascertain the mathematic expression. For purposes of examination the terms are construed to mean the definitions set forth below. The term curve ratio equals 100% - discharge depth % at beginning of second plateau caused by second active material. Expressly, this value is the total percent of the discharge depth caused by the second active material. The term curve ratio specific value equals the value of the curve ratio divided by b. Wherein b is the mass percent of the second active material to the total sum of active materials across all layers [0007]. Furthermore, as discussed in the specification section above, the term peak area is not defined. For purposes of examination the peak area is construed to mean the max intensity of light at the specified characteristic diffraction peak. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 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. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 8 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. Regarding claim 8, claim 8 sets forth the term degree of orientation which is defined in paragraph 42 and 43 of the specification. However, the definition as set forth has multiple interpretations as discussed above. One of ordinary skill in the art would not be able to ascertain the scope of the claim based on the definition set forth in the specification nor claim thereby rendering the claim indefinite. See MPEP 2173.05(a)(I) “the meaning of every term should be apparent”. Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Regarding claim 3, claim 1 sets forth a mass ratio of the second active material (b) and claim 2 sets forth the curve ratio specific value. The value of the curve ratio specific value in claim 2 has a direct relation to the mass ratio (b) of claim 1. Furthermore, the limitation of claim 2 comes from the limitations of materials which can be used. Namely, claim 2 states that the second active material, when used in the mass ratio (b) of claim 1, must produce a curve ratio specific value that falls in the specified range. However, the curve ratio as expressed in claim 3 is merely the mass ratio set forth in claim 1 multiplied by the curve ratio specific value of claim 2. Therefore, the curve ratio is already expressed in claim 2 as one could arrive at the curve ratio of claim 3 with the values and materials set forth in the two preceding claims. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 103 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. 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. Claims 1-8, 11-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN-115548260-A, hereafter “Zhao”). Regarding claim 1, Zhao discloses a positive electrode sheet for use in a lithium-ion battery, a secondary battery [n0005] [0160]. The positive electrode sheet comprises a positive electrode membrane made with positive active material [0011]. The positive active material further comprises a first, second, and third active material [0011]. The first and second active material are lithium cobalt manganate[n0007, 0014], which is a layered structure as defined in paragraph 30 of the instant application specification, and the third active material is a lithium phosphate with an olivine structure [0011]. The mass ratio of the olivine structure third active material to the first and second active material is 2% to 30% [n0008]. Notably, all examples set forth by Zhao use olivine materials in a mass percent of 4.8% [0080] to 15% [0098]. See MPEP 2144.05 for discussion on overlapping ranges. Zhao additionally discloses that the lithium-ion battery includes a separator [n0041], electrolyte [n0041], and negative electrode sheet [n0042]. Furthermore, Zhao illustrates a discharge curve with two volage platforms in figure 1. PNG media_image1.png 398 610 media_image1.png Greyscale Figure 1: Figure 1 of Zhao Therefore, Zhao discloses a secondary battery comprising a positive electrode sheet, a separator, an electrolyte and a negative electrode sheet, wherein the positive electrode sheet comprises a positive electrode material comprising: a first active material being a layered structure material; and a second active material being an olivine structure material, wherein a mass ratio of the second active material to a sum of masses of the first active material and the second active material is 5 wt% to 30 wt%, a discharge curve of the secondary battery has a first voltage platform and a second voltage platform. Zhao does not explicitly discloses a measured voltage y of the secondary battery satisfies a relationship of y1min<y<y1max or y2min<y<y2max, and y1 and y2 satisfy formulas (1) and (2): y1=0.5265a+d (1) y2=-0.5265b+c (2), where a is a mass ratio of the first active material to the sum of the masses of the first active material and the second active material, b is the mass ratio of the second active material to the sum of the masses of the first active material and the second active material, c is the first voltage platform where the first active material participates in discharge, the first voltage platform is 3.7143V to 3.7743V, d is the second voltage platform where the second active material participates in discharge, and the second voltage platform is 3.1878V to 3.2478V. Zhao does disclose a range of olivine materials which overlaps with the claimed range of the instant application. The instant application states in paragraph 36 of the specification that the discharge curve graph is directly shaped by the amount of olivine material in the positive electrode material. Therefore, Zhao inherently disclose the measured voltages of the discharge graph as one could produce the claimed voltages by varying the amount of olivine material in the third active material with the layered structure material in the ranges disclosed by Zhao. See MPEP 2144.05(II)(B) regarding routine optimization. Regarding claim 2, Zhao does not explicitly disclose wherein a curve ratio specific value of the second active material participating in discharge in the discharge curve is 80% to 87% of the mass ratio b. Claim 2 simply states that the olivine structure material when mixed in a mass ratio of 5% to 30% with the layered structure material must produce a battery with a resulting discharge graph wherein the curve ratio specific value is 80% to 87% of the mass ratio. Namely, claim 2 recites a limiting factor for the selected active materials which is realized on the discharge graph. Zhao inherently disclose this limitation by disclosing a layered structure material and olivine structure material with overlapping mass ratios. Furthermore, the layered and olivine structure materials set forth in the instant applications specification are disclosed by Zhao in paragraph 0011 and n0030 respectively. Regarding claim 3, Zhao does not explicitly disclose wherein a curve ratio of the second active material participating in the discharge curve is 4% to 25%. However, as discussed previously, Zhao explicitly discloses the mass ratio of claim 1 and inherently discloses the curve ratio specific value of claim 2. Claim 3 is merely the mass ratio set forth in claim 1 multiplied by the curve ratio specific value of claim 2. Therefore, Zhao inherently discloses the curve ratio as expressed in claim 3. Regarding claim 4, Zhao additionally teaches that the first layered active material is Lia1(Nix1Coy1Mnz1Gb1-) O2-c1D-c1 wherein; 0.8 ≤ a1 ≤ 1.2, 0.5 ≤ x1 ≤ 0.65, 0 ≤ y1 ≤ 0.13, 0.23 ≤ z1 ≤ 0.5, 0 ≤ b1 ≤ 0.1, 0 ≤ c1 ≤ 0.1, x1+y1+z1+b1 = 1, and G is at least one of Mg, Ca, Ce, Y, Al, Sn, Ti, Zr, W, Sr, La, Ba, Co, Mo, Cr, and B; D is at least one of N, F, S, Cl, Br, and I [n0007]. The second layered active material is Lia2(Nix2Coy2Mnz2Mb2-) O2-c2E-c2 wherein; 0.8 ≤ a2 ≤ 1.2, 0.75 ≤ x2 ≤ 1, 0 ≤ y2 ≤ 0.13, 0 ≤ z2 ≤ 0.25, 0 ≤ b2 ≤ 0.1, 0 ≤ c1 ≤ 0.1, x2+y2+z2+b2 = 1, and G is at least one of Mg, Ca, Ce, Y, Al, Sn, Ti, Zr, W, Sr, La, Ba, Co, Mo, Cr, and B; E is at least one of N, F, S, Cl, Br, and I [0014]. The first and second layered active material of Zhao could be Li Ni0.6 Co0.13 Mn0.23 O2 [n0007] and Li Ni0.75 Co0.1 Mn0.15 O2 [0014] respectively. Both of these embodiments are recited in claim 4. Therefore, Zhao discloses wherein the layered structure material is LiNixCoyM1-x-yO2, where 0<x<1, 0<y<1, and the M element comprises one or more of Mn, Ti, Zr, Al, Sn, Zn, Mg, Cu, In, Ga, and Ta. Regarding claim 5, Zhao additionally teaches that the third olivine active material is LiFe1-x3-y3Mnx3M’y3PO4 wherein; 0 ≤ x3 ≤ 1, 0 ≤ y3 ≤ 0.1, 0 ≤ x3 + y3 ≤ 1, and M’ is selected from at least one of the transition metal elements other than Fe, Mn, and non-transition meal elements [0016]. This embodiment could be LiFe0.5Mn0.5PO4. This embodiment is recited in claim 5. Therefore, Zhao discloses wherein the olivine structure material is LiFezG1-zPO4, where 0<z<1, and the G element comprises one or more of Mn, Ti, Zr, Al, Sn, Zn, Mg, Cu, In, Ga, and Ta. Regarding claim 6, Zhao additionally teaches the first and second layered active material have a median cumulative volume particle distribution of 1 µm to 7 µm [n0010 and 2 µm to 10 µm [n0010] respectively. The third olivine active material has a median cumulative volume particle distribution of 0.2 µm to 10 µm [n0010]. Therefore, Zhao discloses wherein an average particle size D50 of the first active material is 0.5 μm to 5 μm, and an average particle size D50 of the second active material is 0.3 μm to 3 μm. See MPEP 2144.05(I) for discussion on overlapping ranges. Regarding claim 7, Zhao additionally teaches the first and second layered active material morphology is a single crystal, polycrystalline, or a mixture of both [n0009]. Therefore, Zhao discloses wherein the first active material is single crystal and/or polycrystalline. Regarding claim 8, as stated in the instant applications specification, figures 4 and 5 show an embodiment of wherein a degree of orientation of the positive electrode sheet is 70 to 99, and a degree of orientation of the negative electrode sheet is 10 to 60. The positive electrode sheet set forth in the specification includes a positive electrode current collector, a positive electrode active material layer disposed on the positive electrode current collector, and the positive electrode active material includes a positive electrode material. The positive electrode material is a first layered active material and second olivine active material and the positive electrode current collector is aluminum foil. Zhao teaches the positive electrode material as discussed regarding claim 4. Zhao additional teaches the use of aluminum foil as the positive current collector coated in the positive electrode material [n0026]. The negative electrode sheet set forth in the specification includes a negative electrode current collector, a negative electrode active material layer disposed on the negative electrode current collector, and the negative electrode active material includes a negative electrode material. The negative electrode material is carbon-based material, such as graphite, and the negative electrode current collector is copper foil. Zhao teaches the use of graphite for the negative active material and copper foil as the negative current collector coated in the positive electrode material [n0042]. Therefore, Zhao discloses all elements of the positive and negative electrode sheet as described in the instant application’s specification. Although it does not explicitly set forth a degree of orientation for each sheet, the discloser of all elements which would produce the degree of orientation as claimed. fully anticipate the claimed ranged. See MPEP 2152.02(b). Regarding claim 11, Zhao additionally teaches a negative electrode current collector coated in a negative electrode material, wherein the negative electrode material is graphite [n0042]. Therefore, Zhao discloses the negative electrode sheet includes a negative electrode material, and the negative electrode material is a carbon-based material, a silicon-based material, or a carbon-silicon composite material. Regarding claim 12, Zhao additionally teaches the negative electrode material is graphite [n0042]. Therefore, Zhao disclose the negative electrode material is graphite, hard carbon, soft carbon, or silicon oxide. Regarding claim 13, Zhao additionally teaches mixing ethylene carbonate (EC), methyl ethyl carbonate (EMC) and diethyl carbonate into LiPF6 to form an electrolyte [n0042]. Additionally, Zhao discloses a separator made from polyethylene film (PE), polypropylene film (PP), or a composite of the two films [n0042]. Therefore, Zhao disclose the electrolyte comprises EC, DMC, or EMC, and lithium salt comprising LiPF6, and the separator comprising PE, PP or PP/PE/PP composite film. Regarding claim 14, Zhao additionally teaches the preparation of the positive electrode sheet [n0038] by mixing a positive electrode material with a conductive agent, binder and solvent [0069]. The weight ratio of the positive electrode material, conductive agent, and binder is (90 -99):1.5:1.5 [n0039]. The solvent selected is N-methylpyrrolidone [0079]. The positive electrode material, conductive agent, binder and solvent is evenly mixed to produce a positive active slurry which is then coated into a positive current collector [0070]. The positive current collector is aluminum foil [0080]. The current collector and slurry are then cold-pressed to obtain the positive electrode sheet [0080]. Therefore, Zhao disclose a preparation of the positive electrode sheet is by mixing the positive electrode material, a conductive agent, and a binder according to a mass ratio of (90 to 99): 1.5:1.5, a solvent N-methylpyrrolidone (NMP) was added, the mixture was thoroughly stirred, and a positive electrode slurry was obtained, the positive electrode slurry was coated on a positive electrode current collector aluminum foil, and the positive electrode sheet was prepared through processes such as drying, cold pressing, and slitting. Regarding claim 15, Zhao additionally teaches the positive electrode active material can also include a conductive agent selected from conductive carbon black, conductive graphite, carbon nanotubes, carbon nanofibers, and graphene [n0036]. Therefore, Zhao disclose the conductive agent is selected from at least one conductive material including Super P (carbon black), acetylene black, carbon nanotubes (CNT), graphene, and nano carbon fiber (VGCF). Regarding claim 19, Zhao additionally teaches the preparation of the negative electrode sheet [0081] by mixing graphite, the negative electrode active material, with conductive carbon [0082]. Conductive carbon can be carbon black [n0042]. The mixture of graphite and conductive carbon is dispersed in carboxymethyl cellulose (CMC) with binder styrene-butadiene rubber (SBR) [0082]. This mixture is then further dispersed in water solvent [0082], which can be deionized water [n0042]. The mixture with solvent is then evenly dispersed to obtain a negative electrode active slurry [0082]. Therefore, Zhao disclose the preparation of the negative electrode sheet, the negative electrode materials including graphite, conductive agent acetylene black, thickener CMC sodium carboxymethyl cellulose) and binder SBR (styrene-butadiene rubber) were mixed at a mass ratio and stirred thoroughly after deionized water was added, and a negative electrode slurry was obtained. Regarding claim 20, Zhao additionally teaches the negative electrode slurry is coated onto a negative electrode current collector copper foil, dried and cold pressed to obtain a negative electrode sheet [0082]. Therefore, Zhao disclose the negative electrode slurry was uniformly coated on a negative electrode current collector copper foil, and the negative electrode sheet was prepared through processes by drying, cold pressing, and slitting. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN-115548260-A, hereafter “Zhao”)in further view of Kang et al. (JP-2023511046-A, hereafter “Kang”). Regarding claim 9, Zhao additionally teach a compaction density for the positive electrode between 3.1 g/cm3 and 3.8 g/cm3 [n0013]. Therefore, Zhao disclose wherein a compaction density of the positive electrode sheet is 3.0 g/cm3 to 3.6 g/cm3. See MPEP 2144.05(I) for discussion on overlapping ranges. Zhao does not disclose and a surface density of the positive electrode sheet coated on one side is 0.014 g/cm2 to 0.02 g/cm2. In the same field of endeavor of lithium-ion batteries, Kang disclose the coating of a positive electrode slurry with lithium nickel cobalt manganese oxide and lithium iron phosphate onto an aluminum current collector at a surface density of 0.178 kg/m2 (0.0178 g/cm2) [0149]. Kang disclose their invention improved charging performance and cycle life [0004]. Therefore, it would be premia facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the compaction density as disclosed by Zhao with the surface density of Kang for the purposes of improving charging performance and cycle life. Regarding claim 10, Zhao disclose the secondary battery according to claim 1. Zhao does not disclose wherein a compaction density of the negative electrode sheet is 1.1 g/cm3 to 1.7 g/cm3, and a surface density of the negative electrode sheet coated on one side is 0.008 g/cm2 to 0.013 g/cm2. Kang disclose a negative electrode with a compaction density between 1.65 g/cm3 to 1.85 g/cm3 [0018] and a surface density between 0.09 kg/m2 (0.009 g/cm2) and 0.117 kg/m2 (0.0117 g/cm2) [0008]. Kang disclose if the compaction density and surface density are in the specified ranges, the energy density of the resulting battery is improved [0008, 0018]. Therefore, it would be premia facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the compaction density and surface density for the negative electrode disclosed by Kang with the secondary battery disclosed by Zhao for the purpose of improving charging performance and cycle life. See MPEP 2144.05(I) for discussion on overlapping ranges. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN-115548260-A, hereafter “Zhao”)in further view of Kang et al. (JP-2023511046-A, hereafter “Kang”). Li et al. (CN-109244474-A; “Li”) is further included as an evidentiary reference. Regarding claim 16, Zhao additionally teaches a binder for a positive electrode sheet maybe made of styrene-butadiene rubber, polyvinylidene fluoride, polytetrafluoroethylene, polyacrylonitrile, sodium carboxymethyl cellulose, polyvinyl alcohol, and polymethyl methacrylate [n0036]. Therefore, Zhao disclose the binder is selected from at least one of PVDF, PTFE. Zhao does not disclose the conductive agent is Super P and CNT, and a mass ratio of Super P and CNT was 1:0.5. Kang disclose a conductive agent for a positive electrode slurry with carbon black (Super P) and carbon nanotubes (CNT) in a mass ratio of 0.9:0.5 [0149]. A person with ordinary skill in the art would have expected the mass ratio of 0.9:0.5 carbon black to carbon nanotubes to have similar properties as the mass ratio of 1:0.5 carbon black to carbon nano tubes as shown by evidentiary reference Li in paragraph 88. See MPEP 2131.03(III) for discussion on rages which are very close. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the conductive agent of Zhao using carbon black and carbon nanotubes in a ratio of 1:0.5 for the purposes of improving charging performance and cycle life as disclosed by Kang [0004]. Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN-115548260-A, hereafter “Zhao”) in further view of Kang et al. (JP-2023511046-A, hereafter “Kang”). Zhang et al. (CN-116404117-A; “Zhang”) is further included as an evidentiary reference. Regarding claim 17, Zhao additionally teaches the preparation of a positive electrode material by mixing 75% of the first layered positive active material, 15% of the second layered positive active material, and 5% of the third olivine positive active material [0089]. Where the first and second positive active materials are lithium nickel manganese cobalt and the third positive active material is lithium iron phosphate [0080]. Additionally conductive carbon black and polyvinylidene fluoride are added. The mixture was then stirred evenly and cold-pressed onto a current collector [0080]. It is well known in the battery art that cold-pressing can be done with rollers, as shown in the abstract of evidentiary reference Zhang. Therefore, Zhao disclose the method of preparing the positive electrode material including the following steps: the first active material and the second active material were uniformly mixed according to a mass ratio (70~95): (5~30), and a mixture was obtained, the mixture was rolled, and the positive electrode material was obtained. Regarding claim 18, Zhao additionally teaches the first and second positive active materials are lithium nickel manganese cobalt and the third positive active material is lithium iron phosphate [0080]. While Zhao has three active material layers there are only two active materials, a first active material which is lithium nickel manganese cobalt and a second active material which is lithium iron phosphate. Therefore, Zhao disclose the first active material is a layered structure material, comprising lithium cobalt oxide, lithium nickel cobalt manganate, or lithium nickel cobalt aluminate, the second active material is an olivine structure material, comprising lithium iron phosphate or lithium iron manganese phosphate. Pertinent Prior Art The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested. CN 116864665 A Tong et al. discloses a positive electrode material, a positive electrode sheet comprising the positive electrode material and a battery comprising the positive electrode material. The element in the positive electrode material at least comprises Co and Ni, in the positive electrode material, based on the total mass of the positive electrode material, the content of the element Co is 20 %-60 %, the mass ratio of the element Co and the element Ni is (1. 1-20): 1. The positive electrode material of the invention has good electrochemical performance at high voltage (4.5V and more). US 2020158191 A1 Yanagisawa et al. discloses a battery includes a positive electrode and a first insulating layer. The positive electrode includes a current collector and a first active material layer. The current collector includes a first surface and a second surface. The second surface is opposite to the first surface. The first active material layer is positioned over the first surface of the current collector. The first insulating layer faces the first active material layer of the positive electrode. The first active material layer contains at least one carbon. The first insulating layer contains magnesium hydroxide particles. A product of an area density and a specific surface area of the magnesium hydroxide particles is equal to or greater than 0.20 times a sum of products of an area density and a specific surface area of each of the at least one carbon. US 20140045069 A1 Numata et al. discloses a lithium secondary cell in which elution of manganese from a manganese olivine compound into an electrolyte is suppressed, a high level of safety is obtained, the charge/discharge cycle efficiency and suppression of leakage of manganese during storage can be maintained over a long period, a long lifespan is obtained, a rapid decrease in cell voltage near the end of discharge is suppressed, and output characteristics are enhanced, when a manganese olivine compound having excellent stability during charge/discharge is used as the principal component in the positive electrode active material. The positive electrode contains a positive electrode active material containing an olivine compound represented by LiMm.sub.1-aX.sub.aPO.sub.4 (where X represents Mg and/or Fe, and a represents a value that satisfies 0.ltoreq.a.ltoreq.0.3) and a lithium nickel oxide represented by LiNi.sub.1-bZ.sub.bO.sub.2 (where Z represents one or more selected from Co, Mn, Al, Mg, and V; and b represents a value that satisfies 0.ltoreq.b.ltoreq.0.4), the content of the olivine compound being from 50 to 95 mass %. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R STANLEY whose telephone number is (571)270-5447. The examiner can normally be reached 7:30 AM - 5 PM. 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, Aaron Austin can be reached at (571) 272-8935. 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. /J.R.S./ Examiner, Art Unit 1782 /AARON AUSTIN/ Supervisory Patent Examiner, Art Unit 1782
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Prosecution Timeline

Dec 10, 2023
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103, §112 (current)

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