DETAILED ACTION
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-5 are 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.
Claim 4 recites the limitation "the discharge rate" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the discharge rate" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-7, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200127284 A1 (Jang ‘284).
Regarding claim 1, Jang ‘284 teaches a secondary battery (a secondary battery; [0086]), comprising a positive electrode plate (a positive electrode; [0086]), a negative electrode plate (a negative electrode; [0086]), and a separator disposed between the positive electrode plate and the negative electrode plate (a separator interposed between the positive electrode and the negative electrode; [0086]), wherein the positive electrode plate comprises a positive electrode coating (surface-coated positive electrode active material particles including positive electrode active material particles and a coating layer applied on a surface of the positive electrode active material particles, the coating layer including a polyimide; [0026]) containing a positive electrode active material comprising a lithium iron phosphate material (the positive electrode active material particles may be LiFePO4; [0053]) and a conjugated carbonyl compound (the polyimide of the coating layer is a product of a condensation polymerization of pyromellitic dianhydride and 4,4’-iminodianiline; [0040]; the dianhydride may be pyromellitic dianhydride; [0061]; which corresponds to one of the conjugated carbonyl compounds including a dianhydride compound such as pyromellitic anhydride; [0016] of the present specification).
Regarding claim 3, Jang ‘284 teaches the secondary battery according to claim 1, wherein on a discharge curve of the positive electrode plate relative to graphite at a discharge rate of 0.33 C, a ratio of discharge plateau capacity of the lithium iron phosphate material to a total discharge capacity of the positive electrode active material is W1, wherein 80% ≤ W1 ≤ 99%; and/or
on a discharge curve of the positive electrode plate relative to graphite at a discharge rate of 0.33 C, a ratio of discharge plateau capacity of the conjugated carbonyl compound to a total discharge capacity of the positive electrode active material is W2, wherein 1% ≤ W2 ≤ 20%.
Regarding claim 4, Jang ‘284 teaches the secondary battery according to claim 1, wherein a discharge curve of the lithium iron phosphate material relative to graphite at a discharge rate of 0.33 C has a discharge plateau voltage V1 in V, wherein 3.2 ≤ V1 ≤ 3.45.
Regarding claim 5, Jang ‘284 teaches the secondary battery according to claim 1, wherein a discharge curve of the conjugated carbonyl compound relative to graphite at a discharge rate of 0.33 C has a discharge plateau voltage V2 in V, wherein 1.9 ≤ V2 ≤ 2.9.
Jang ‘284 teaches the recited structure of claim 1, and thus, the recited properties of claims 3, 4, and 5 are considered inherent to claimed structure.
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2114 I.).
Regarding claim 6, Jang ‘284 teaches the secondary battery according to claim 1, wherein the conjugated carbonyl compound comprises a dianhydride compound, wherein the dianhydride compound comprises pyromellitic anhydride (the polyimide is a product of a condensation polymerization of pyromellitic dianhydride and 4,4’-iminodianiline; [0040]).
Regarding claim 7, Jang ‘284 teaches the secondary battery according to claim 1, wherein the negative electrode plate comprises a negative electrode coating containing a negative electrode active material comprising one or more of artificial graphite, natural graphite, soft carbon, hard carbon, a silicon-based material, a tin-based material, lithium titanate, and a lithium-aluminum alloy (the negative electrode active material used in the negative electrode may be soft carbon, hard carbon, or graphite; [0087]).
Regarding claim 9, Jang ‘284 teaches a battery module, comprising the secondary battery according to claim 1 (the secondary battery may be used in a battery module; [0094]).
Regarding claim 10, Jang ‘284 teaches a battery pack, comprising the battery module according to claim 9 (a battery module and a battery pack using a secondary battery; [0017]).
Regarding claim 11, Jang ‘284 teaches an electrical device, comprising the battery pack according to claim 10 (the secondary battery may be applied in a battery cell for a small device and may be used as a unit cell of a medium to large sized battery module including a plurality of battery cells for a medium to large sized device; [0094] – [0095]).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 20200127284 A1 (Jang ‘284).
Regarding claim 2, Jang ‘284 teaches the secondary battery according to claim 1, wherein based on a total mass of the positive electrode active material, a mass percentage of the conjugated carbonyl compound is denoted as a%, wherein 2% ≤ a% ≤ 13% (the polyimide of the coating layer may be included in an amount of 0.05 parts by weight to 5 parts by weight with respect to 100 parts by weight of the positive electrode active material particles; [0044]; the polyimide is a product of a condensation polymerization of pyromellitic dianhydride and 4,4’-iminodianiline; [0040]; which corresponds to one of the conjugated carbonyl compounds including a dianhydride compound such as pyromellitic anhydride; [0016] of the present specification).
As set forth in MPEP 2144.05, 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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 20200127284 A1 (Jang ‘284) in view of US 20210210750 A1 (Chen ‘750).
Regarding claim 8, Jang ‘284 teaches the secondary battery according to claim 7, but does not disclose wherein the negative electrode plate further comprises a lithium supplement layer disposed on the negative electrode coating.
Chen ‘750 discloses a lithium-supplement layer of a lithium ion battery electrode sheet and its negative electrode sheet, a lithium ion battery and a device ([0005]). The lithium-supplement layer is formed by connecting a transition layer, an oxide layer, and a surface layer in sequence ([0011]). The oxide layer substance in the lithium-supplement layer is used to provide an additional lithium source, after injection, the lithium source can be continuously supplemented during the cycle process to improve the battery cycle performance ([0025]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the negative electrode of the secondary battery, as taught by Jang ‘284, to include a lithium-supplement layer, to provide an additional lithium source to improve battery cycle performance, as suggested by Chen ‘750.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Carbonyl-Based π-Conjugated Materials: From Synthesis to Applications in Lithium-Ion Batteries (Hamid – copy provided with the IDS filed on 08/08/2025) discloses recent efforts in the search for carbonyl-based π-conjugated electrode materials in lithium-ion batteries with a focus on the synthetic strategies developed to improve their electrochemical performance (abstract). Carbonyl-cased electrode compounds can be classified into four types, namely, quinones (including polyquinones), imides (including polyimides), anhydrides, and carboxylates (second column; page 1181).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 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, NICOLE BUIE-HATCHER can be reached at 571-270-3879. 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.
/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725