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 .
Status of Application
Claims 2, 4, 6, 8, 10, and 12-30 are pending and presented for examination on the merit.
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.
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.
Claims 2, 4, 6, 8, 10, and 12-30 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/003025 to Takahashi et al. (cited in IDS 12/15/2023).
Regarding claims 2, 4, 6, 8, 10, 12-16, 21-25, and 30, Takahashi et al. teaches a battery comprising: a positive electrode and a negative electrode ([0055]).
Takahashi et al. does not expressly teach that the positive electrode is used as a positive electrode of a test battery comprising a lithium metal counter electrode, and when a test is conducted, a discharge capacity value is obtained as claimed in claims 2, 4, 6, 8, 10, 12-14, 21-23, and 30. Takahashi et al. does not expressly teach the electrolyte of the test battery per claims 16 and 25 or that the test battery is a coin-type half cell per claims 15 and 24.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because the prior art positive electrode comprises the same active material as the claimed invention - lithium cobalt oxide and a layered rock-salt crystal structure in the discharged state (abstract; [0013]; [0049-52]; [0057]; [0063]; [0081]; [0085]; [0100]; [0110]; [0134]), exhibits a small change in the crystal structure between the high-voltage charged state and the discharged state, and suppresses a decrease in capacity caused by charge and discharge cycles (abstract; [0010]; [0013]; [0024]; [0119]; [0134]; [0156]; [0358]). Thus, the prior art positive electrode is capable of being used as a positive electrode of a test battery and when the resulting test battery is tested as claimed, the discharge capacity values of the test battery are expected to follow. Furthermore, the limitations relating to the test battery about test conditions (claims 2, 4, 6, 8, 10, 12-14, 21-23, and 30), its electrolyte solution (claims 16 and 25), and it being a coin-type half cell (claims 15 and 24) do not structurally limit the claimed battery.
Regarding claims 17 and 26, Takahashi et al. teaches that the positive electrode comprises a layered rock-salt positive electrode active material (abstract; [0013]; [0110]; [0134]).
Regarding claims 18 and 27, Takahashi et al. teaches that the positive electrode comprises lithium cobalt oxide (abstract; [0013]; [0049-52]; [0057]; [0063]; [0081]; [0085]; [0100]; [0110]; [0134]).
Regarding claims 19 and 28, Takahashi et al. teaches an electronic device comprising the battery of claims 2 and 4, respectively (Figs. 25-27; [0321]).
Regarding claims 20 and 29, Takahashi et al. teaches a vehicle comprising the battery of claims 2 and 4, respectively (Figs 28A and 28B; [0352-354]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENG M CHAN whose telephone number is (571)270-5859. The examiner can normally be reached 9 am - 5:30 pm on Monday, 9 am - 3 pm on Tuesday, and 9 am to 1 pm on Wednesday and Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Heng M. Chan/Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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