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 statements (IDSs) submitted 06/03/2024 and 01/09/2026 were received and have been considered by the examiner.
Drawings
The drawings submitted 06/03/2024 were received and are approved by the examiner.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Yin et al. (U.S. 20250368534).
With respect to claim 1, Yin discloses a cathode (positive electrode) composite material ([abstract]), containing a cathode active material made of a lithium transition metal oxide with a layered crystalline structure ([0071]), a binder ([0062]), and a conductivity aid (conductive agent) ([0062]), wherein:
the lithium transition metal oxide contains nickel, cobalt, and manganese ([0081-0084]);
the binder contains polyvinylidene fluoride ([0062]);
the conductivity aid contains carbon nanotubes ([0062]); and
an amount of lithium hydroxide (LiOH) contained in the cathode active material, as to a total amount of the cathode active material, is 0.05 wt % to 0.40 wt% ([0100]), thus encompassing the claimed range of no less than 0.15% by weight and no more than 0.35% by weight.
Applicant is reminded that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
With respect to claim 2, Yin discloses a lithium secondary battery ([abstract]), comprising:
a cathode (positive electrode) ([0061]);
an anode (negative electrode) ([0061]);
a separator disposed between the cathode and the anode ([0061]); and
a non-aqueous electrolyte solution ([0066-0068]), wherein
the cathode includes a cathode composite material layer that contains the cathode composite material according to claim 1 (see above rejection of claim 1).
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yin et al. as applied to claim 2 above, and further in view of Dumont et al. (U.S. 20200266492).
With respect to claims 3-4, Yin discloses the cathode composite material layer as limited by claim 1 (see above rejection of claim 1), but does not disclose the grammage of the cathode composite mixture.
Dumont discloses a cathode composite mixture (positive electrochemically active material) and teaches the cathode composite mixture has a grammage (weight per unit area) of at least 20 mg/cm2 ([0042]), thus encompassing the claimed range of 35 mg/cm2 to 46 mg/cm2 (claim 3) and 35 mg/cm2 to 40 mg/cm2 (claim 4). Dumont further teaches that the increase in grammage (weight per unit area) in electrodes leads to an increase in the capacity of the electrochemical cell ([0004]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to ensure the cathode composite material layer disclosed by Yin had a grammage in the range taught by Dumont in order to increase the capacity of the electrochemical cell.
Applicant is reminded that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
It is noted that while the cited US patent publication uses the phrase “weight per unit area,” the foreign publication (FR 3071957) to which the US publication claims priority uses the claimed phrase “grammage.” Since the US publication uses the same unit of measurement (mg/cm2), it is clear that “weight per unit area” inherently equates to grammage across this patent family.
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.
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/J.E.B./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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