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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/580,206
`
`09/24/2019
`
`Hideharu Takezawa
`
`P190991US00
`
`5567
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`PILLAY, DEVINA
`
`ART UNIT
`1726
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/26/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-9 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s) filed on 09/24/2019 is/are: a)[¥) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210421
`
`Application No.
`Applicant(s)
`16/580 206
`Takezawaetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DEVINA PILLAY
`1726
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 03/18/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`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
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`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 madein this Office action:
`
`A personshall 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 effectivefiling 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, namesanotherinventor and waseffectivelyfiled
`before the effective filing date of the claimed invention.
`
`Claim(s) 1, 5, and 9 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as
`
`being anticipated by Shiozaki (US 2016/0190566 A1).
`
`Regarding claim 1, Shiozaki discloses a secondary battery comprising (see Figs.
`
`1 and 2 [0016][0017)):
`
`a positive electrode (11); a negative electrode (12); and an electrolyte (non-
`
`aqueous),
`
`

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`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 3
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`wherein the positive electrode (see Fig. 2 [0021]-[0022]) includes:
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`a positive electrode current collector (30); a positive electrode mixture layer (32)
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`including a positive electrode active material containing a lithium transition metal oxide
`
`([0024][0025));
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`and a protective layer (31 [0022], see Fig. 2) provided between the positive
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`electrode current collector (30) and the positive electrode mixture layer (32),
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`the protective layer ([0028]-[0032]) includes inorganic compound particles
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`([0028]), a conductive agent [0031], and a binder [0032], and has a recessed structure
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`wherethe positive electrode mixture layer is recessed into the protective layer, anda
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`content of the binder is 1 mass % or more and 10 mass %or less ([0032]) based on the
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`total amountof the protective layer.
`
`Examiner notes that the protective layer contains particles, conductive agent and
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`binder and is applied to the surface of collector and then dried ([0044]) which is the
`
`same method as used by Applicant (see Example 1
`
`in instant specification [0056]) and
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`therefore will have the same claimed “recessed structure” into which the positive
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`electrode mixture is applied, dried and rolled ([0045]).
`
`Applicant further discloses that unevennessis formedat the interface between
`
`the protective layer and the positive electrode mixture layer when the positive electrode
`
`active material protruding from the surface of the positive electrode mixture layer is
`
`pressed against the protective layer (specification [0026]). Also, there is a region where
`
`the protective layer does notexist locally, and the positive electrode current collector
`
`and the positive electrode mixture layer are in direct contact with each other exists in
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`

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`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 4
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`the region, depending on the average thickness and thicknessdistribution of the
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`protective layer (specification [0030]).
`
`Regarding claim 5, Shiozaki disclosesall of the claim limitations as set forth
`
`above.
`
`In addition, Shiozaki discloses that the protective layer has an average thickness
`
`of 3.5 microns or less (See Example A1, A2, A3, B2, B3 in Table 1).
`
`Regarding claim 9, Shiozaki disclosesall of the claim limitations as set forth
`
`above.
`
`In addition, Shiozaki discloses that the positive electrode active material is a
`
`lithium nickel oxide ([0024][0045]).
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not includedin this action can
`
`be found in a prior Office action.
`
`Claim(s) 3, 4, 6, and 7 is/are rejected under 35 U.S.C. 102((a)(1)/(a)(2)) as
`
`anticipated byor, in the alternative, under 35 U.S.C. 103 as obvious over Shiozaki
`
`(US 2016/0190566 A1) as applied to claims 1, 5, and 9 above.
`
`Regarding claims 3, 4, 6 and 7, Shiozaki disclosesall of the claim limitations as
`
`set forth above.
`
`Shiozaki discloses that the particle size of the inorganic compoundparticles is 1
`
`micron or less [0028] which is the same particle size as instantly disclosed in the
`
`specification (see [0038] instant specification).
`
`In the instant disclosure, the applicant discloses that the protective layer slurry is
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`prepared by mixing the binder, conductive additive (acetylene black), and aluminum
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`

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`Application/Control Number: 16/580,206
`Art Unit: 1726
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`Page 5
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`oxide, applying the mixture onto an aluminum foil, and drying the mixture (specification
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`[0056]). The positive active material is applied onto the protective layer, dried, and rolled
`
`(pressed) (specification [0057]).
`
`Applicant further discloses that unevennessis formed at the interface between
`
`the protective layer and the positive electrode mixture layer when the positive electrode
`
`active material protruding from the surface of the positive electrode mixture layer is
`
`pressed against the protective layer (specification [0026]). Also, there is a region where
`
`the protective layer does notexist locally, and the positive electrode current collector
`
`and the positive electrode mixture layer are in direct contact with each other exists in
`
`the region, depending on the average thickness and thickness distribution of the
`
`protective layer (specification [0030]).
`
`The examiner’s position is that because the method of Shiozaki follows the same
`
`method asdisclosed by applicant, the method of Shiozaki would have produced the
`
`same result for the value for standard deviation of the thickness distribution and the
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`region wherethe protective layer does not exist locally, since the values for thickness of
`
`Shiozakilie within the claimed ranges of applicant (See rejection of claim 5). Pressing
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`the two uneven layers of Shiozaki would have produced the same standard deviation of
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`a thickness distribution of the protective layer and would have been difficult to prevent
`
`the active and collector from coming into direct contact. Thus these features would have
`
`been either inherent to or obvious in view of the combinedprior art.
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`Furthermore with regards to the inorganic particles have a shape formed by
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`connecting a plurality of primary particles, Examiner finds that once the protective layer
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`

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`Application/Control Number: 16/580,206
`Art Unit: 1726
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`Page 6
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`is dried this will be present(further evidenceof this is provided by Ikeda (US
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`2011/0189546 A1) [0075]).
`
`Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Shiozaki (US 2016/0190566 A1) as applied to claims 1, 3-7, and 9 above and in
`
`further view of Hanazaki (U.S. Pub. No. 2015/0303519).
`
`Regarding claim 2, Shiozaki disclosesall of the claim limitations as set forth
`
`above.
`
`Shiozaki doesnot disclose the density of the positive electrode active material.
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`Hanazaki discloses a nonaqueous electrolyte secondary battery comprising a
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`positive electrode provided with a positive material active material and a nonaqueous
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`electrolyte containing a lithium salt ([0012)).
`
`Hanazaki teaches that the density of the positive electrode active material layer
`
`is typically 2.0 g/cm® or more and 4.5 g/cm? or less ([0053]).
`
`Hanazaki further teaches that as a result of the density being from 2.0 to 4.5
`
`g/cm, output characteristics and durability can be realized at a higher level during
`
`normal use ([0053]).
`
`It would have been obvious to one of ordinary skill in the art at the time offiling to
`
`have incorporated the overlapping portions for the density of the positive electrode
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`active layer of Hanazaki to modify the positive electrode active material of Shiozaki in
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`order to provide higher output characteristics and durability.
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`Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shiozaki (US 2016/0190566 A1) as applied to claims 1, 3-7, and 9 above and in
`
`further view of Ikeda (US 2011/0189546 A1).
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`

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`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 7
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`Regarding claim 8, Shiozaki disclosesall of the claim limitations as set forth
`
`above.
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`In addition, Shiozaki discloses that alumina particles can be used as the
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`inorganic compound particles in the protective layer however does notdisclose that the
`
`particles are a-alumina.
`
`Ikeda discloses that the inorganic compound particles in a protective layer can
`
`include a-alumina particles ([0018][0019]) and that these type of particles show that they
`
`can be linked ([0075)).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to replace the alumina particles of Shiozaki with the a-alumina particles of
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`Ikeda because Ikeda doesdisclose that they are preferable in a protective layer and
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`furthermore discloses that they can belinked.
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`Responseto Arguments
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`Applicant's arguments with respect to claim(s) 1-9 have been considered but are
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`moot because the new ground of rejection does not rely on any reference applied in the
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`prior rejection of record for any teaching or matter specifically challengedin the
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`argument.
`
`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to DEVINA PILLAY whosetelephone numberis (571)270-1180. The
`
`examiner can normally be reached on Monday-Friday 9:30-6:00.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-basedcollaboration tool. To schedule an interview, applicantis
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 8
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`encouraged to use the USPTO AutomatedInterview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Jeffrey T Barton can be reached on 517-272-1307. The fax phone numberfor the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access
`
`to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
`
`free). If you would like assistance from a USPTO CustomerService Representative or access to
`
`the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/DEVINA PILLAY/
`Primary Examiner, Art Unit 1726
`
`