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
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 & 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohtomo et al. US 2013/0164631 A1.
Regarding Claim 1, Ohtomo discloses a battery [0022] comprising a positive electrode, a negative electrode, and an electrolyte [0022]. Ohtomo discloses that the positive electrode includes a positive electrode current collector and a positive electrode active material supported by the positive electrode current collector [0086]. Ohtomo discloses that the positive electrode active material includes a positive electrode active material [0022, 0086]. Ohtomo further discloses that the positive electrode active material layer additionally comprises a positive electrode additive (sulfide solid electrolyte material) [0090]. Ohtomo discloses that the sulfide solid electrolyte material comprises an ion conductor with the anion structure of PS3O3-, PS2O23- (or dithiophosphate anion), or PSO33- (or thiophosphate anion) [0068], thus Ohtomo discloses comprises a thiophosphate salt.
Regarding Claim 4, Ohtomo discloses that the positive electrode active material is a lithium composite oxide containing Ni having a rock salt bed type of structure (i.e. layered structure) [0091].
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kishi et al. JP 2002352804 A. Citations to Kishi are mapped to the English machine translation provided. Further evidence provided by Hiine et al. “Unravelling a layered LiNiO₂ surface, surface doping, and interaction with the electrolyte: computational study”.
Regarding Claim 1, Kishi discloses a nonaqueous secondary battery [0039] comprising a positive electrode, a negative electrode, and an electrolyte [0039]. Kishi discloses that the electrolyte is a nonaqueous electrolyte [0030, 0043]. Kishi discloses that the positive electrode includes a positive electrode current collector and a positive electrode active material supported by the positive electrode current collector [0020-0022]. Kishi discloses that the positive electrode active material includes a positive electrode active material [0020-0021]. Kishi further discloses that the positive electrode active material layer additionally comprises a positive electrode additive [0018], which Kishi discloses comprises a thiophosphate salt [0018].
Regarding Claims 2 & 3, Kishi discloses that the content of the positive electrode additive in the positive electrode active material layer is 0.01-1mass% [0019] which overlaps with the claimed ranges of Claim 2 and Claim 3.
Regarding Claim 4, Kishi discloses that the positive electrode active material is a lithium composite oxide containing Ni [0020]. As evidenced by Hiine et al., lithium nickel oxide as disclosed by Kishi is known to have a layered structure [Page 2 Left Column Section 3.1.1.].
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.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtomo et al. US 2013/0164631 A1.
Regarding Claim 5, Ohtomo discloses a battery as described above in addressing claim 1. Ohtomo further teaches that the positive electrode additive (sulfide material) comprises one of either PS3O3-, PS2O23- (or dithiophosphate anion), or PSO33- (or thiophosphate anion) as the ion conductor [0068] which when combined with LiI creates the lithium salt of those compounds [0069-0070]. Thus, Ohtomo discloses that the positive electrode additive can be any of Li3PS3O, Li3PS2O2, or Li3PSO3 as suitable alternatives as anion structures [0068].
Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one anion structure, i.e. thiophosphate PSO33-, for another anion structure, i.e. dithiophosphate PS2O23-, with reasonable expectation of success. The simple substitution of one anion structure for another to obtain predictable results, as taught by Ohtomo’s disclosure of the various anion structures as alternatives, is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
Conclusion
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/A.G.N./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 9 July 2026
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