DETAILED ACTION
(1)
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 . This is the first office action on the merits. Applicant’s preliminary amendment, filed May 17, 2024, is entered. Applicant amended claims 1, 3 and 5, cancelled claim 4 and added claims 6-14. No new matter is entered. Claims 1-3 and 5-14 are pending before the Office for review.
(2)
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.
Claims 1-3 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Takijiri et al. (WO 2021/039240 A1), which is cited in Applicant’s information disclosure statement. Examiner will cite to Takijiri et al. (U.S. Publication No. 2022/0311045), which is an English-language equivalent of Takijiri et al. (WO 2021/039240 A1).
With respect to claims 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Takijiri teaches a nonaqueous electrolyte energy storage device in the form of a nonaqueous electrolyte energy storage battery comprising a positive electrode and a negative electrode. Title and Abstract.
Takijiri further teaches the device comprises a positive electrode including a lithium transition metal composite oxide, wherein the lithium transition metal composite oxide includes a nickel element and a manganese element such that a content of the nickel element with respect to the transition metal element in the composite oxide is 40% or more and a content of the manganese element with respect to the transition metal element in the composite oxide is 30 mol% or less. Paragraphs 24-27. As per the MPEP, where claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. MPEP 2144.05(I).
Takijiri further teaches the negative electrode comprises solid graphite particles having an internal void ratio of 1 to 5%, which is interpreted to be a porosity of 1 to 5%, which is within the scope of the claimed range. Paragraphs 34 and 35. The graphite particles are solid within the scope of the claimed invention because they meet the porosity requirements of the claimed invention, wherein the porosity is not limited to surface porosity. Takijiri further teaches the negative electrode comprises a binder, a content of the graphite particles in the negative electrode is 75% by mass or more, which covers the claimed range, and the average particle size of the graphite particles is 5 to 30 microns. Paragraphs 32, 34 and 42. As per the MPEP, where claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. MPEP 2144.05(I).
(3)
Double Patenting
Applicant is advised that should claim 7 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
(4)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI S MEKHLIN whose telephone number is (571)270-7597. The examiner can normally be reached Monday-Friday 7:00 am to 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, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELI S MEKHLIN/Primary Examiner, Art Unit 1759
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