CTNF 18/572,305 CTNF 89288 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims Claim(s) 1-9 are currently pending. Claim(s) 3, 6 and 9 have been amended. 07-30-03-h AIA Claim Interpretation The phrase “used in a fixed state” is interpreted as describe in para. 0047 of the instant published specification, where “fixed state” is defined as meaning that the orientation of the non-aqueous electrolyte secondary battery is not significantly changed after the non-aqueous electrolyte secondary battery is installed in the fixing portion and started to be used. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-3 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by WO2019/239652 A1 * , Sugaya et al. (hereinafter “Sugaya”) with US 2021/0159489 A1 * used as an English language equivalent . *Cited in IDS. Regarding claim 1 Sugaya teaches a non-aqueous electrolyte secondary battery (10) comprising an electrode assembly (14) in which a positive electrode (11) and a negative electrode (12) face each other with a separator (13) interposed therebetween [Fig. 1 and para. 0018], and a battery case (15) accommodating the electrode assembly (14) [Fig. 1 and para. 0018], wherein the negative electrode (12) has a negative electrode mixture layer (42) containing first carbon particles (corresponding to graphite particles B) and second carbon particles (corresponding to graphite particles A) having an internal porosity smaller than that of the first carbon particles (the graphite particles A have a porosity due to closed pores adjusted to 5% or less while graphite particles B have a porosity due to closed pores adjusted to 8% to 20%) [Fig. 2 and paras. 0035-0038], and when the non-aqueous electrolyte secondary battery (10) is used in a fixed state [Table 1, examples 1-4], and the electrode assembly (14) in the fixed state is equally divided into an upper half region (corresponding to half region 42b closer to the outer surface) and a lower half region (corresponding to half region 42a closer to the negative electrode current collector 40) with respect to a vertical direction, the second carbon particles (A) are contained more in the upper half region (42b) than the lower half region (42a) [para. 0040; see also Abstract]. Examiner’s note : the recitations “fixed state,” “upper half region,” “lower half region,” and “vertical direction” do not impart a structural distinction over Sugaya. In the absence of any indication of express structural limitations defining the orientation of the battery, the orientation of the electrode assembly or the “fixed state”, the selection of a vertical direction is considered an arbitrary reference direction for identifying regions of the electrode assembly. Regarding claim 2 Sugaya teaches the non-aqueous electrolyte secondary battery as set forth above, wherein the first carbon particles (B) are contained more in the lower half region (42a) than in the upper half region (42b) (e.g., the mass ratio of A:B in the region 42a is 10:90 to 0:100 while the mass ratio of A:B in the region 42b is 20:80 to 100:0) [para. 0041]. Regarding claim 3 Sugaya teaches the non-aqueous electrolyte secondary battery as set forth above, wherein the first carbon particles (B) have the internal porosity of greater than or equal to 8% and less than or equal to 20% (8% to 20%) [para. 0038], and the second carbon particles (A) have the internal porosity of less than or equal to 5% (5% or less) [para. 0036] . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 4-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugaya . Regarding claim 4 Sugaya teaches a non-aqueous electrolyte secondary battery (10) comprising: an electrode assembly (14) in which a positive electrode (11) and a negative electrode (12) face each other with a separator (13) interposed therebetween [Fig. 1 and para. 0018]; an exterior can (16) having a bottomed cylindrical shape (cylindrical case body 16 having a closed-end) for accommodating the electrode assembly (14) [Fig. 1 and para. 0018]; and a sealing assembly (17) for closing an opening of the exterior can (16) [Fig. 1 and para. 0018], wherein the negative electrode (12) has a negative electrode mixture layer (42) containing first carbon particles (corresponding to graphite particles B) and second carbon particles (corresponding to graphite particles A) having an internal porosity smaller than that of the first carbon particles (the graphite particles A have a porosity due to closed pores adjusted to 5% or less while graphite particles B have a porosity due to closed pores adjusted to 8% to 20%) [Fig. 2 and paras. 0035-0038], and Regarding the limitation “when the electrode assembly is equally divided into a half region on a sealing assembly side and a half region on a bottom portion side of the exterior can with respect to an insertion direction into the exterior can, the second carbon particles are contained more in the half region on the sealing assembly side than in the half region on the bottom portion side of the exterior can,” Sugaya shows that the battery characteristics vary depending on the relative distribution of the first and second carbon particles within regions of the negative electrode active material [Table 1 and para. 0088]. Accordingly, the distribution of the first and second carbon particles between regions of the negative electrode active material is recognized as a result-effective variable. Absent a showing of criticality or unexpected results with respect to the claimed distribution of the first carbon particles and second carbon particles between recited half regions (a result-effective variable), it would have been obvious to a person of ordinary skill in the art at the time of the invention to optimize said parameter through routine experimentation in order to achieve the desired battery characteristics [Table 1 and para. 0088]. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art [MPEP 2144.05]. Regarding claim 5 Regarding the limitation “wherein the first carbon particles are contained more in the half region on the bottom portion side of the exterior can than in the half region on the sealing assembly side,” Sugaya shows that the battery characteristics vary depending on the relative distribution of the first and second carbon particles within regions of the negative electrode active material [Table 1 and para. 0088]. Accordingly, the distribution of the first and second carbon particles between regions of the negative electrode active material is recognized as a result-effective variable. Absent a showing of criticality or unexpected results with respect to the claimed distribution of the first carbon particles and second carbon particles between recited half regions (a result-effective variable), it would have been obvious to a person of ordinary skill in the art at the time of the invention to optimize said parameter through routine experimentation in order to achieve the desired battery characteristics [Table 1 and para. 0088]. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art [MPEP 2144.05]. Regarding claim 6 Sugaya teaches the non-aqueous electrolyte secondary battery as set forth above, wherein the first carbon particles (B) have the internal porosity of greater than or equal to 8% and less than or equal to 20% (8% to 20%) [para. 0038], and the second carbon particles (A) have the internal porosity of less than or equal to 5% (5% or less) [para. 0036]. Regarding claim 7 Sugaya teaches a non-aqueous electrolyte secondary battery (10) comprising: an electrode assembly (14) in which a positive electrode (11) and a negative electrode (12) face each other with a separator (13) interposed therebetween [Fig. 1 and para. 0018]; an exterior can (16) having a bottomed cylindrical shape (cylindrical case body 16 having a closed-end) for accommodating the electrode assembly (14) [Fig. 1 and para. 0018]; and a sealing assembly (17) for closing an opening of the exterior can (16) [Fig. 1 and para. 0018], wherein the negative electrode (12) has a negative electrode mixture layer (42) containing first carbon particles (corresponding to graphite particles B) and second carbon particles (corresponding to graphite particles A) having an internal porosity smaller than that of the first carbon particles (the graphite particles A have a porosity due to closed pores adjusted to 5% or less while graphite particles B have a porosity due to closed pores adjusted to 8% to 20%) [Fig. 2 and paras. 0035-0038], and Regarding the limitation “when the electrode assembly is equally divided into a half region on a sealing assembly side and a half region on a bottom portion side of the exterior can with respect to an insertion direction into the exterior can, the second carbon particles are contained more in the half region on the bottom portion side of the exterior can than in the half region on the sealing assembly side,” Sugaya shows that the battery characteristics vary depending on the relative distribution of the first and second carbon particles within regions of the negative electrode active material [Table 1 and para. 0088]. Accordingly, the distribution of the first and second carbon particles between regions of the negative electrode active material is recognized as a result-effective variable. Absent a showing of criticality or unexpected results with respect to the claimed distribution of the first carbon particles and second carbon particles between recited half regions (a result-effective variable), it would have been obvious to a person of ordinary skill in the art at the time of the invention to optimize said parameter through routine experimentation in order to achieve the desired battery characteristics [Table 1 and para. 0088]. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art [MPEP 2144.05]. Regarding claim 8 Regarding the limitation “wherein the first carbon particles are contained more in the half region on the sealing assembly side than in the half region on the bottom portion side of the exterior can,” Sugaya shows that the battery characteristics vary depending on the relative distribution of the first and second carbon particles within regions of the negative electrode active material [Table 1 and para. 0088]. Accordingly, the distribution of the first and second carbon particles between regions of the negative electrode active material is recognized as a result-effective variable. Absent a showing of criticality or unexpected results with respect to the claimed distribution of the first carbon particles and second carbon particles between recited half regions (a result-effective variable), it would have been obvious to a person of ordinary skill in the art at the time of the invention to optimize said parameter through routine experimentation in order to achieve the desired battery characteristics [Table 1 and para. 0088]. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art [MPEP 2144.05]. Regarding claim 9 Sugaya teaches the non-aqueous electrolyte secondary battery as set forth above, wherein the first carbon particles (B) have the internal porosity of greater than or equal to 8% and less than or equal to 20% (8% to 20%) [para. 0038], and the second carbon particles (A) have the internal porosity of less than or equal to 5% (5% or less) [para. 0036] . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2018/0026267 A1 , Kim et al. teaches a lithium secondary battery including a nickel-based active material comprising a secondary particle having an outer portion with a radially arranged structure and an inner portion with an irregular porous structure, wherein the inner portion of the secondary particle has a larger pore size than the outer portion of the secondary particle. [see Abstract]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAYLA GONZALEZ RAMOS whose telephone number is (571)272-5054. The examiner can normally be reached Monday - Thursday, 9:00-5:00 - EST. 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, Allison Bourke can be reached at (303)297-4684. 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. /MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721 Application/Control Number: 18/572,305 Page 2 Art Unit: 1721 Application/Control Number: 18/572,305 Page 4 Art Unit: 1721 Application/Control Number: 18/572,305 Page 6 Art Unit: 1721 Application/Control Number: 18/572,305 Page 7 Art Unit: 1721 Application/Control Number: 18/572,305 Page 8 Art Unit: 1721 Application/Control Number: 18/572,305 Page 9 Art Unit: 1721 Application/Control Number: 18/572,305 Page 10 Art Unit: 1721 Application/Control Number: 18/572,305 Page 11 Art Unit: 1721
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