Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Status
Claim 1 has been cancelled.
Claims 2-11 have been added. Support is found in [0123] of the published application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 9,899,678 B2 in view of Sakai (US 8795894 B2).
US 9,899,678 discloses a positive electrode active material comprising lithium iron phosphate, wherein a grain size of the positive electrode active material is greater than or equal to 10 nm and less than or equal to 100 nm, wherein a surface area per unit mass of the positive electrode active material measured by the BET method is greater than or equal to 24 m.sup.2/g and less than or equal to 27.5 m.sup.2/g, and wherein an X-ray diffraction half width of the positive electrode active material is greater than or equal to 0.13° and less than 0.16°, but does not disclose lithium iron phosphate being further doped with manganese.
US9,899,678 further discloses a current collector , a positive electrode, a negative electrode, and the electrolyte and the rate characteristics and a vehicle propelled by the power storage device.
Sakai et al. discloses a positive electrode material of AaMbPO4 where M is selected from iron manganese and nickel with are advantageous in view of cost (col. 4 lines 52-58).
It would have been obvious to one of ordinary skill at the time the invention was made to include manganese as an additional dopant because of cost.
Claims 2-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 10916774 in view of Sakai (US 8795894 B2).
US 10916774 discloses a positive electrode active material comprising lithium iron phosphate, wherein a grain size of the positive electrode active material is greater than or equal to 10 nm and less than or equal to 100 nm, wherein a surface area per unit mass of the positive electrode active material measured by the BET method is greater than or equal to 24 m.sup.2/g and less than or equal to 27.5 m.sup.2/g, and wherein an X-ray diffraction half width of the positive electrode active material is greater than or equal to 0.13° and less than 0.16°, but does not disclose lithium iron phosphate being further doped with manganese.
US 10916774 further discloses a current collector , a positive electrode, a negative electrode, and the electrolyte and the rate characteristics and a vehicle propelled by the power storage device.
Sakai et al. discloses a positive electrode material of AaMbPO4 where M is selected from iron manganese and nickel with are advantageous in view of cost (col. 4 lines 52-58).
It would have been obvious to one of ordinary skill at the time the invention was made to include manganese as an additional dopant because of cost.
Claims 2-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12027702 B2 in view of Sakai (US 8795894 B2).
US 12027702 discloses a positive electrode active material comprising lithium iron phosphate, wherein a grain size of the positive electrode active material is greater than or equal to 10 nm and less than or equal to 100 nm, wherein a surface area per unit mass of the positive electrode active material measured by the BET method is greater than or equal to 24 m.sup.2/g and less than or equal to 27.5 m.sup.2/g, and wherein an X-ray diffraction half width of the positive electrode active material is greater than or equal to 0.13° and less than 0.16°, but does not disclose lithium iron phosphate being further doped with manganese.
US 12027702 further discloses a current collector , a positive electrode, a negative electrode, and the electrolyte and the rate characteristics and a vehicle propelled by the power storage device.
Sakai et al. discloses a positive electrode material of AaMbPO4 where M is selected from iron manganese and nickel with are advantageous in view of cost (col. 4 lines 52-58).
It would have been obvious to one of ordinary skill at the time the invention was made to include manganese as an additional dopant because of cost.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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/Maria Laios/Primary Examiner, Art Unit 1727
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