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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted 03/19/2024 was received and has been considered by the examiner.
Drawings
The drawings submitted 03/19/2024 were received and are approved by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Non-aqueous electrolyte Secondary Battery Comprising Layered Positive Electrode Active Material..
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.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuyama et al. (U.S. 20080318133, presented in IDS submitted 03/19/2024).
With respect to claim 1, Matsuyama discloses a non-aqueous electrolyte secondary battery (10 – secondary battery), comprising a positive electrode (12), a negative electrode (15), a separator (13) that isolates the positive electrode (12) and the negative electrode (15) from each other, and a non-aqueous electrolyte (13) (Fig. 3, [0131]), wherein
the positive electrode (12) comprises a positive electrode current collector (aluminum foil) ([0154]), a first positive electrode mixture layer (second positive electrode active material slurry) formed on a surface of the positive electrode current collector (aluminum foil) ([0154]), and a second positive electrode mixture layer (first positive electrode active material slurry) formed on a surface of the first positive electrode mixture layer (second positive electrode active material slurry) ([0154-0155]),
the second positive electrode mixture layer (first positive electrode active material slurry) contains a second conductive agent (KS6) having an average particle size of 5 micrometers ([0152]), thus falling into the claimed range of 0.5 to 15 micrometers with sufficient specificity, and
the first positive electrode mixture layer (second positive electrode active material slurry) contains a first conductive agent (HS100) having an average particle size (0.05 micrometers) that is smaller than the average particle size of the second conductive agent (5 micrometers) ([0153]).
With respect to claim 2, Matsuyama discloses a thickness ratio between the first positive electrode mixture layer (second positive electrode active material slurry) and the second positive electrode mixture layer (first positive electrode active material slurry) is 87 micrometers to 85 micrometers ([0156]), thus falling into the claimed range of 90:10 to 10:90 with sufficient specificity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN E BERRESFORD whose telephone number is (571)272-0641. The examiner can normally be reached M-F 8:00 am - 5:00 pm 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, Barbara Gilliam can be reached at (572)272-1330. 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.
/J.E.B./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights