DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 02/23/2024.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 02/23/2024 hasbeen placed in the application file and the information referred to therein has been considered.
Drawings
The drawings received 02/23/2024 are acceptable for examination purposes,
Claim Rejections - 35 USC § 112
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.
Claim 1 is 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.
In claim 1, it is not clear what structural limitation described by the term “particles that are not substantially aggregated primary (single) or particles having second degree of aggregation? For Examination purposes said term is interpreted as primary (single) particles.
In claim 7 it is unclear to what element of the nonaqueous electrolyte energy storage claimed X-ray characteristics belong to (positive electrode active material perhaps?)
Claims 2-9 depend from claim 1 directly or indirectly and fall therewith.
Claim Rejections - 35 USC § 102
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.
Claim 1-4 and 6-8 are rejected under 35 U.S.C. 102 (a)(1) as anticipated by US 2021/0167365 to Kim (Kim).
Regarding claim 1, Kim discloses a positive electrode for a nonaqueous electrolyte energy storage device (battery, Abstract), the positive electrode comprising a first positive active material and a second positive active material having different constituent element compositions from each other Abstract, para 24, para 83-86), wherein the first positive active material is at least one of primary particles that are not substantially aggregated and secondary particles that are aggregated primary particles and have a ratio of an average particle size to an average primary particle size of 5 or less (5 µm/1.8 µm (para 84)) , an average particle size of the first positive active material is 1/2 or less of an average particle size of the second positive active material (0.36) and the second positive active material is a lithium transition metal composite oxide in which a content of a lithium element with respect to a transition metal element is more than 1.0 in terms of a molar ratio (Example 3). Therefore claim is anticipated by Kim.
Regarding claim 2, Kim discloses wherein the first positive active material is a lithium transition metal composite oxide containing a nickel element (Abstract, para 84).
Regarding claim 3, Kim discloses wherein the molar ratio of Ni:Co:Mn in the second positive electrode material (reads on claimed first electrode material) is 60:20:20, i.e. claimed content is 0.6 (para 84). It is noted that a specific example in the prior art which is within a claimed range anticipates the range. See MPEP 2131.03
Regarding claim 4, Kim discloses wherein the molar ratio of Ni:Co:Mn in the first positive electrode material (reads on claimed second electrode material) is 28:22 :50, i.e. claimed content is 0.5 (para 84). It is noted that a specific example in the prior art which is within a claimed range anticipates the range. See MPEP 2131.03
Regarding claim 6, Kim discloses nonaqueous electrolyte energy storage device (claims 9, 10).
Regarding claim 7, Kim discloses the invention as discussed above as applied to claim 6 and incorporated . Since positive electrode active material of Kim is sustainably similar to that as claimed in the instant claim 6 the claimed X-ray characteristics are inherently present. MPEP 2112 V states that "once a reference teaching product appearing to be substantially identical is made the basis of a rejection, and the Examiner presents evidence or reasoning tending to show inherency, the burden shifts to the Applicant to show an unobvious difference."
Claim Rejections - 35 USC § 103
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.
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 5 and 9 are rejected under 35 U.S.C. 102([ 2 ]) under 35 U.S.C. 103 as obvious over US 2021/0167365 to Kim (Kim).
Regarding claim 5, Kim discloses wherein the first positive active material has an average particle size of 8 µm or less (claim 4) or more second positive active material has an average particle size of 11 µm (Example 3, It is noted that a specific example in the prior art which is within a claimed range anticipates the range. See MPEP 2131.03). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. MPEP 2144.05.It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the average particle size of the first positive active material within the range of Kim in order to improve high-temperature life span characteristic and decrease gassing amount during high temperature storage.
Regarding claim 9, Kim discloses the invention as discussed above as applied to claim 1 and incorporated. Kim does not expressly disclose wherein An energy storage apparatus comprising: two or more nonaqueous electrolyte energy storage devices, however It would have been obvious to one having ordinary skill in the art at the time the invention was filed to combine two or more nonaqueous electrolyte energy storage devices , since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 MPEP 2144.04 (VI-B)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER USYATINSKY whose telephone number is (571)270-7703. The examiner can normally be reached IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alexander Usyatinsky/Primary Examiner, Art Unit 1751
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