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
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 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)(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.
Claims 1-2, 5, and 7-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara (WO 2022138940 A1).
Regarding Claim 1, Fujiwara teaches electrodes that can be used as a positive electrode in various secondary batteries [0128];
A positive electrode active material that can be made of LiFePO4 or LiCoPO4 [0054-55], which corresponds to the claimed positive electrode active material of chemical formula 1 (LiaFe1-xMxPO4, where 0.90 ≤ a ≤ 1.8 and 0 ≤ x ≤ 0.7 and M is Mg, Co, Ni, Mn, or a combination thereof), LiFePO4 satisfies a=1, and x=0, and LiCoPO4 satisfies a=1, and x=1;
Single-walled carbon nanotubes in the electrode mixture [0099] and the average length of the single-walled carbon nanotubes is less than 100 µm [0008] which corresponds to the claimed carbon nanotubes with an average length of about 30 µm to about 80 µm;
The positive electrode is preferably composed of a current collector [0113] and a conductive additive is applied to the surface of the current collector to reduce the electrical contact resistance between the current collector and the positive electrode compound sheet [0115] which corresponds to the claimed current collector supporting the positive electrode active material layer;
A tap density of the positive electrode active material is preferably 1.0 g/cm3 or higher [0064] which corresponds to the claimed positive electrode having an active mass density of greater than or equal to about 2.5 g/cc.
Regarding claim 2, Fujiwara teaches the tap density of the positive electrode active material is preferably 1.0 g/cm3 or higher and 3.5 g/cm3 or less [0038] which corresponds to the claimed active mass density of about 2.5 g/cc to about 3.3 g/cc.
Regarding claims 5, Fujiwara teaches the median diameter of the positive electrode active material particles being preferably 0.8 µm or more and 22 µm or less, which equates to 800 nm or more and 22000 nm or less [0066] which corresponds to the claimed positive electrode active material having a nanometer size.
Regarding claim 7-8, Fujiwara teaches the content of single-walled carbon nanotubes in the electrode mixture being preferably 0.01 to 2.5% and even more preferably 0.01 to 1% by mass, based on the mass of the electrode mixture [0099] which corresponds to the claimed amount of the carbon nanotubes is greater than or equal to about 0.5 wt% and less than about 1 wt% based on the total weight of the positive electrode active material layer.
Regarding claim 9, Fujiwara teaches the average fiber length of single walled carbon nanotubes is preferably less than 100 µm [0008] which corresponds to the claimed length of the carbon nanotubes is about 40 µm to about 80 µm.
Regarding claim 10, Fujiwara teaches how when manufacturing electrode sheets, it is acceptable to add and mix in a conductive additive, examples include acetylene black, Ketjen black, channel black, furnace black, lamp black, and thermal black [0086] which corresponds to the claimed positive electrode active material comprising a conductive material.
Regarding claim 11, Fujiwara teaches how a low-resistance electrode mixture can be formed by preparing an electrode mixture using a binder [0028] which corresponds to the claimed positive electrode active material further comprising a binder.
Regarding claim 12, Fujiwara teaches a secondary battery comprising a positive electrode, a negative electrode, and a solid electrolyte layer which corresponds to the claimed rechargeable lithium battery comprising the positive electrode of claim 1, a negative electrode active material, and an electrolyte.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara (WO 2022138940 A1).
Fujiwara teaches the median diameter of the positive electrode active material being preferably 0.8 µm or more and 22 µm or less, which equates to 800 nm or more and 22000 nm or less [0066] which overlaps with the claimed particle diameter of the positive electrode active material being about 100 nm to about 5000 nm. Overlapping ranges are prima facie obvious (see MPEP § 2144.05).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara (WO 2022138940 A1) and Li (CN 114665065 A).
Regarding claims 3-4, Fujiwara teaches the positive electrode of claim 1 and a positive electrode active material, but is silent as to the porosity of the active material. However, Li teaches a positive electrode active material comprising lithium iron phosphate [0006] and gives examples of various positive electrode active materials with porosities of 25% ([0043], [0053], [0058], [0063], [0068], [0074]) and 27%, [0048].
Thus, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to substitute the positive electrode active material of Fujiwara having 25% porosity for the positive material active material of Li to improve the ability of the positive electrode sheet layer to retain electrolyte as taught by Choy [0125].
CONCLUSION
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/J.M.C./Examiner, Art Unit 1734
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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