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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
`
`16/733,615
`
`01/03/2020
`
`Takahiro Takahashi
`
`P191344US00
`
`4243
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`TAKEUCHI, YOSHITOSHI
`
`ART UNIT
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/19/2022
`
`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*
`1-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-10 and 12-13 is/are rejected.
`Claim(s) 11 is/are objectedto.
`1) Claim(s
`are subject to restriction and/or election requirement
`)
`* 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) ) ) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s)filed on January 3, 2020 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)() None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been received in 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20211013
`
`Application No.
`Applicant(s)
`16/733,615
`Takahashi etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`YOSHITOSHI TAKEUCHI
`1723
`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 January 3, 2020.
`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: 16/733,615
`Art Unit: 1723
`
`Page 2
`
`DETAILED ACTION
`
`Claims 1-13 are presented for examination.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`1.
`
`2.
`
`first inventor to file provisions of the AJA.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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 for the rejection will not be considered a new groundofrejection if the priorart
`
`relied upon, and the rationale supporting the rejection, would be the same undereitherstatus.
`
`4,
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset 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 andthe 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
`whichthe invention was made.
`
`5.
`
`The factual inquiries for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1.
`2.
`3.
`4,
`
`Determining the scope and contents of the priorart.
`Ascertaining the differences betweenthe prior art and the claimsatissue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence presentin the application indicating
`obviousness or nonobviousness.
`
`6.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was commonly
`
`owned asofthe effective filing date of the claimed invention(s) absent any evidenceto the
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 3
`
`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 ownedasofthe effective filing date
`
`of the later invention in order for the examinerto 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.
`
`7.
`
`Claims 1-5, 7-10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Gauthier et al (US 6485866).
`
`a.
`
`Regarding independentclaim 1, Gauthier teaches a cathode for use in
`
`rechargeable lithium batteries with its electrode metallic current collector protected with
`
`a protective coating (1:18, 2:64-67, 3:64, 4:64-5:4, 5:55-56, 6:1-2, and 6:10-16 plus e.g.
`
`Figures 3-4), said cathode reading on “positive electrode for a secondary battery,”
`
`alternatively, the preamble limitation “for a secondary battery” does not patentably
`
`distinguish the instant invention, e.g. MPEP § 2111.02, said cathode comprising:
`
`(1)
`
`said cathode metallic collector (e.g. 2:66-67 and 3:63 plus e.g. Figures 2A-
`
`B), reading on “a positive electrode currentcollector,”
`
`(2)
`
`said protective coating coated as a layer directly on said metallic collector,
`
`said protective coating at least partially covering said metallic collector,
`
`wherein said protective coating layer contains a vitreous or partly vitreous mineral
`
`binder that may comprise one or more oflithium phosphate, potassium phosphate,
`
`lithium polyphosphate (LiPO3)n, or potassium polyphosphate (KPO3)n,
`
`said mineral binder wets and protects said metallic collector from corrosion /
`
`passivation reactions generated by reactive species of an electrolyte or electrode active
`
`material
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 4
`
`(e.g. 2:66-3:11, 3:57-64, and 4:31-40 plus e.g. Figures 2A-B), reading on “an
`
`intermediate layer disposed on the positive electrode current collector;” and,
`
`(3)
`
`a composite cathode layer coated on said protective coating layer
`
`including a cathode active material (e.g. 2:15-16, 21:52-53, 4:49-60, 5:26-31, 5:54-61
`
`plus e.g. Figures 2A-B), reading on “a positive electrode mixture layer disposed on the
`
`intermediate layer and including a positive electrode active material,”
`
`wherein said protective coating layer includes:
`
`(2a)
`
`an electronic conduction additive, such as carbon black, graphite, metals
`
`such as copper and silver, and mixtures thereof(e.g. 3:57-64 and 4:13-20), reading on
`
`“the intermediate layer includes: a conductive agent;”
`
`(2b)_said vitreous or partly vitreous mineral binder that may comprise one or
`
`more oflithium phosphate, potassium phosphate, lithium polyphosphate (LiPO3)n, or
`
`potassium polyphosphate (KPO3)n, wherein said mineral binder wets and protects said
`
`metallic collector from corrosion/passivation reactions generated by reactive species of
`
`an electrolyte or electrode active material (e.g. supra), said lithium phosphate reading on
`
`“the intermediate layer includes: ... a metal phosphorusoxide;” and,
`
`(2c)—said potassium phosphate, wherein said mineral binder wets and protects
`
`said metallic collector from corrosion/passivation reactions generated by reactive species
`
`of an electrolyte or electrode active material (e.g. supra), reading on “an inorganic
`
`compound other than the metal phosphorusoxide. ...”
`
`Gauthier teaches said potassium phosphate protects said metallic collector from
`
`corrosion/passivation reactions generated by reactive species of an electrolyte or
`
`electrode active material (e.g. supra), but does not expressly teach the property of “the
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 5
`
`inorganic compoundhaving a lower oxidative powerthan that of the positive electrode
`
`active material.”
`
`However, said property would be expected since Gautier teaches substantially
`
`identical compositions (see supra, said cathode active material plus said potassium
`
`phosphate, compare with instant specification, at e.g. {{ 0018, 27, 30, and 34-35), see
`
`also MPEP § 2112.01).
`
`Alternatively, further a partially or completely hydrolyzed glass-forming additive
`
`such as hydrolyzedsilica (e.g. 4:1-6), reading on “an inorganic compoundother than
`
`the metal phosphorusoxide....”
`
`Gauthier teaches said composite cathode layer including said cathode active
`
`material plus said partially or completely hydrolyzed silica glass-forming additive (e.g.
`
`supra), but does not expressly teach the property of “the inorganic compoundhaving a
`
`lower oxidative powerthan that of the positive electrode active material.”
`
`However, said property would be expected since Gautier teaches substantially
`
`identical compositions (see supra, said cathode active material plus said completely or
`
`partially hydrolyzed silica, compare with instant specification, at e.g. {{] 0018, 27, and
`
`35), see also MPEP § 2112.01(II).
`
`b.
`
`Regarding claim 2, Gauthier teaches the cathode of claim 1, wherein said vitreous
`
`or partly vitreous mineral binder may comprise lithium phosphate and potassium
`
`phosphate (e.g. supra), but does not expressly teach at least one of said phosphates
`
`having the property “at least one of the metal phosphorus oxide and the inorganic
`
`compound has a Mohshardness of7 orless.”
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 6
`
`However, said property would be expected since Gautier teaches substantially
`
`identical composition(s) (see supra, compare with instant specification, at e.g. J] 0036-39
`
`and 56), see also MPEP § 2112.01(II).
`
`c.
`
`Regarding claim 3, Gauthier teaches the cathode of claim 1, wherein said vitreous
`
`or partly vitreous mineral binder may comprise lithium phosphate and potassium
`
`phosphate (e.g. supra), but does not expressly teach said lithium phosphate in the claimed
`
`amountrelative to the total amountof lithium phosphate and potassium phosphatein the
`
`claimed limitation “a content of the metal phosphorus oxide is 80 mass % or more and
`
`99.5 mass % or less based on the total amount of the metal phosphorus oxide and the
`
`inorganic compound.”
`
`However, it would have been obvious to substitute varying amountsof said
`
`lithium and potassium phosphates within said binder, from a range of a small proportion
`
`of lithium phosphate and a balance of potassium phosphate to a small proportion of said
`
`potassium phosphate and a balanceof lithium phosphate since they are equivalent
`
`components used to protect said metallic collector from corrosion/passivation reactions
`
`generated by reactive species of an electrolyte or electrode active material (e.g. supra),
`
`see also e.g. MPEP § 2144.06(1), overlapping the claimed range, see also MPEP §
`
`2144.05(1).
`
`d.
`
`Regarding claim 4, Gauthier teaches the cathode of claim 3, wherein said vitreous
`
`or partly vitreous mineral binder may comprise lithium phosphate (e.g. supra), but does
`
`not expressly teach at least one of said lithium phosphate having the property “the metal
`
`phosphorus oxide has a Mohs hardnessof 7 orless.”
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 7
`
`However, said property would be expected since Gautier teaches substantially
`
`identical composition(s) (see supra, compare with instant specification, at e.g. J] 0036-39
`
`and 56), see also MPEP § 2112.01(II).
`
`e.
`
`Regarding claim 5, Gauthier teaches the cathode of claim 1, wherein said vitreous
`
`or partly vitreous mineral binder may comprise lithium phosphate and potassium
`
`phosphate, each provided to protect said metallic collector from corrosion/passivation
`
`reactions generated by reactive species of an electrolyte or electrode active material(e.g.
`
`supra), but does not expressly teach the claimedratio of said phosphate average particle
`
`diameters.
`
`However, it would have been obvious to a person of ordinary skill in the art to use
`
`equal-sized particles with uniform particle size, since a uniform particle size would
`
`provide a more consistent particle packing within and between batteries, and further
`
`becausesaid lithium phosphate and potassium phosphate are used for the same purpose,
`
`
`the ratio thereby being 1:1, within the claimed range in “a ratio between an average
`
`particle diameter of the metal phosphorus oxide and an average particle diameter of the
`
`inorganic compoundis 0.5:1 to 2:1,” MPEP § 2144.05(1).
`
`f.
`
`Regarding claims 7 and 12, Gauthier teaches the cathode of claim 1, wherein said
`
`vitreous or partly vitreous mineral binder may comprise lithium phosphate (e.g. supra),
`
`wherein lithium phosphate (Liz3POx) reads on “the metal phosphorus oxide includes at
`
`least one of the group consisting of LisPO4, LIPON, LizHPO., LiH2PO.4, Na3POa,
`
`Na2HPO.s, NaH2PO4, Zr3(PO4)4, Zr(HPO4)2, HZr2(PO4)3, KsPO4, K2HPO4, KH2POa,
`
`Ca3(PO4)2, CaHPOs, Mg3(PO4)2, MgHPO,, LiCl—LisP3010, LiCI—Li7PsO16, LiCl—
`
`LiPO3, LiClI—Li20—P20s, LizO—P20s, AgI—AgPO3, Cul—CuPO3, PbF2—MnF2—
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 8
`
`Al(PO4)3, and AgI—Ag20—P20s”(claim 7) and “the metal phosphorus oxide includes at
`
`least one of the group consisting of Liz3PO4, Ca3(POx4)2, and K3PO4”(claim 12).
`
`g.
`
`Regarding claim 8, Gauthier teaches the cathode of claim 1, wherein said binder
`
`contains said partially or completely hydrolyzed silica glass-forming additive(e.g.
`
`supra), reading on “the inorganic compoundincludesat least one of the group consisting
`
`of aluminum oxide, titanium dioxide, silicon dioxide, and manganese oxide.”
`
`h.
`
`Regarding claim 13, Gauthier teaches the cathode of claim 1, wherein the entire
`
`disclosure does not teach or suggest said protective coating including any of LiMnPO,,
`
`Liz2MPO,F wherein M is Co or Ni, and ferrous metal phosphorus oxides(entire
`
`disclosure), reading on “the intermediate layer is free of at least one of the group
`
`consisting of LiMnPOg, LizMPO,gFwherein M is Co or Ni, and ferrous metal phosphorus
`
`oxides.”
`
`1.
`
`Regarding claims 9-10, Gauthier is applied as provided supra, with the following
`
`modifications.
`
`j-
`
`Still regarding independent claim 9, Gauthier teaches said rechargeable lithium
`
`batteries with said cathode (e.g. supra), reading on “secondary battery, comprising: the
`
`positive electrode according to claim 1;” a metallic lithium anode (e.g. 5:67 and 6:34),
`
`reading on “a negative electrode;” a separator (e.g. 5:66) understood to be located
`
`between said cathode and anode, reading on “a separator disposed betweenthe positive
`
`electrode mixture layer of the positive electrode and the negative electrode;” and, an
`
`electrolyte (e.g. 4:34 and 6:32-33), reading on “an electrolyte.”
`
`k.
`
`Still regarding claim 10, Gauthier teaches the battery of claim 9, the entire
`
`disclosure does not teach or suggest part of said composite cathode layer including any of
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 9
`
`said lithium phosphate, potassium phosphate,orsilica (e.g. entire disclosure), so the
`
`amountthereof within any part of said composite cathode layer would be 0%, within the
`
`claimed limitation “in a part of the positive electrode active material layer extending from
`
`the surface on the separator side to a level of about 44 of the thickness of the positive
`
`electrode active material layer in the thickness direction of the positive electrode active
`
`material layer, the total amountof the metal phosphorus oxide and the inorganic
`
`compound other than the metal phosphorus oxide includedtherein is less than 0.5 mass
`
`%,” as claimed.
`
`8.
`
`Claims 1-2, 5-10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shiozaki et al (US 2016/0190566) in view of Gauthier et al (US 6485866).
`
`1.
`
`Regarding independent claim 1, Shiozaki teaches a positive electrode(e.g. item
`
`11) for a nonaqueous electrolyte secondary battery and said battery (e.g. item 10) thereof
`
`(e.g. Jf 0002, 17-18, and 22-23 plus e.g. Figures 1-2), reading on “positive electrode for a
`
`secondarybattery,” said electrode comprising:
`
`(1)
`
`a positive electrode current collector (e.g. item 30) mainly composed of
`
`aluminum (e.g. {| 0006 and 22-23 plus e.g. Figure 2), reading on “a positive electrode
`
`current collector;”
`
`(2)
`
`a protective layer (e.g. item 31) disposed on said positive electrode current
`
`collector (e.g. Id), reading on “an intermediate layer disposed on the positive electrode
`
`current collector;” and,
`
`(3)
`
`a positive electrode mixture layer (e.g. item 32) containing a lithium-
`
`containing transition metal oxide active material, wherein said positive electrode mixture
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 10
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`layer is disposed on said protective layer (e.g. [| 0022-24 plus e.g. Figure 2), reading on
`
`“a positive electrode mixture layer disposed on the intermediate layer and including a
`
`positive electrode active material,”
`
`wherein said protective layer comprises:
`
`(2a)
`
`an electroconductive material, such as carbon black, acetylene black,
`
`Ketjen black, and graphite used alone or in combination of two or more thereof, in an
`
`amount of 0.1-20 wt% of the total weight of said protective layer (e.g. {{[ 0030-31),
`
`reading on “the intermediate layer includes a conductive agent,” and
`
`(2b)
`
`an inorganic compound(e.g. item P), such as manganese oxide, silicon
`
`dioxide, titanium dioxide, and aluminum oxide, wherein said inorganic compound has an
`
`oxidation powerlowerthan that of said lithium-containing transition metal oxide
`
`contained in said positive electrode mixture layer, and wherein said inorganic compound
`
`is preferably 70% to 99.8% by weight of the total weight of said protective layer(e.g.
`
`0028-30), reading on “the intermediate layer includes ... an inorganic compound other
`
`than the metal phosphorusoxide, the inorganic compound having a lower oxidative
`
`powerthan that of the positive electrode active material.”
`
`Shiozaki teachessaid protective layer (e.g. supra), but does not expressly teachit
`
`includes “a metal phosphorus oxide”in the limitation “the intermediate layer includes
`
`... ametal phosphorusoxide....”
`
`However, Gauthier teaches a cathode for use in rechargeable lithium batteries
`
`with its electrode metallic current collector protected with a protective coating (1:18,
`
`2:64-67, 3:64, 4:64-5:4, 5:55-56, 6:1-2, and 6:10-16 plus e.g. Figures 3-4), (1) said
`
`cathode comprising said cathode metallic collector (e.g. 2:66-67 and 3:63 plus e.g.
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 11
`
`Figures 2A-B); (2) said protective coating coated as a layer directly on said metallic
`
`collector, said protective coating at least partially covering said metallic collector,
`
`wherein said protective coating layer contains a vitreous or partly vitreous mineral binder
`
`that may comprise one or more oflithium phosphate, potassium phosphate, lithium
`
`polyphosphate (LiPO3)n, or potassium polyphosphate (KPO3)n, said mineral binder wets
`
`and protects said metallic collector from corrosion / passivation reactions generated by
`
`reactive species of an electrolyte or electrode active material (e.g. 2:66-3:11, 3:57-64, and
`
`4:31-40 plus e.g. Figures 2A-B); and, a composite cathode layer coated on said protective
`
`coating layer including a cathodeactive material (e.g. 2:15-16, 21:52-53, 4:49-60, 5:26-
`
`31, 5:54-61 plus e.g. Figures 2A-B),
`
`wherein said protective coating layer includes (2a) an electronic conduction
`
`additive, such as carbon black, graphite, metals such as copper andsilver, and mixtures
`
`thereof (e.g. 3:57-64 and 4:13-20); (2b) said vitreous or partly vitreous mineral binder
`
`that may comprise one or more oflithium phosphate, potassium phosphate, lithium
`
`polyphosphate (LiPO3)n, or potassium polyphosphate (KPO3)n, wherein said mineral
`
`binder wets and protects said metallic collector from corrosion/passivation reactions
`
`generated by reactive species of an electrolyte or electrode active material (e.g. supra);
`
`and, (2c) said potassium phosphate, wherein said mineral binder wets and protects said
`
`metallic collector from corrosion/passivation reactions generated by reactive species of
`
`an electrolyte or electrode active material (e.g. supra).
`
`As a result, it would have been obvious to incorporate said lithium phosphate
`
`and/or said potassium phosphate of Gauthier in the protective layer of Shiozaki, since
`
`Gauthier teaches said phosphate and protects said metallic collector from
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 12
`
`corrosion/passivation reactions generated by reactive species of an electrolyte or
`
`electrode active material.
`
`m.
`
`Regarding claim 2, Shiozaki as modified teaches the electrode of claim 1, wherein
`
`Shiozaki teaches said inorganic compound may be manganese oxide,silicon dioxide,
`
`titanium dioxide, and aluminum oxide (e.g. supra), but does not expressly teachatleast
`
`one of said phosphates having the property “at least one of the metal phosphorus oxide
`
`and the inorganic compoundhas a Mohshardness of 7 orless.”
`
`However, said property would be expected since Shiozaki teaches substantially
`
`identical composition(s) (see supra, compare with instant specification, at e.g. J] 0036-39
`
`and 56), see also MPEP § 2112.01(II).
`
`n.
`
`Regarding claims 5-6, Shiozaki as modified teaches the electrode of claim 1,
`
`wherein Shiozaki teaches said inorganic compound may have an averageparticle size of
`
`1 um orless (e.g. (0028), reading on “and an average particle diameter of the inorganic
`
`compoundis 0.1 um or more and 5 um orless” (claim 6), but does not expressly teach
`
`said lithium phosphate or said potassium phosphate having a particle size such thata ratio
`
`of average particle sizes of said inorganic compoundto said phosphate is within the
`
`claimed range of “O0.5:1 to 2:1” in the limitation “a ratio between an averageparticle
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`diameter of the metal phosphorus oxide and an average particle diameter of the inorganic
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`compoundis 0.5:1 to 2:1” (claim 5) or “an averageparticle diameter of the metal
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`phosphorus oxide is 0.05 um or more and 5 um or less” (claim 6).
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`However, it would have been obvious to a person of ordinary skill in the art to
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`size said phosphates with the same particle size as that of said inorganic compound,since
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`a similar particle size would provide a more consistent particle packing of the
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`

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`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 13
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`components within and between batteries, the ratio thereby being 1:1, within the claimed
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`range in “a ratio between an average particle diameter of the metal phosphorus oxide and
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`an average particle diameter of the inorganic compoundis 0.5:1 to 2:1” (claim 5), MPEP
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`§ 2144.05(1); and, said phosphates having a particle size of 1 um or less overlaps the
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`claimed range in “an average particle diameter of the metal phosphorus oxideis 0.05 um
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`or more and 5 um orless, and an average particle diameter of the inorganic compoundis
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`0.1 um or more and 5 um orless,” MPEP § 2144.05(]).
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`oO.
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`Regarding claims 7 and 12, Shiozaki as modified teaches the electrode of claim 1,
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`wherein said lithium phosphate and/or potassium phosphate are included to protect said
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`metallic collector from corrosion/passivation reactions generated by reactive species of
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`an electrolyte or electrode active material (e.g. supra), wherein lithium phosphate
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`(Liz3PO4) and potassium phosphate (K3POs,) severably read on “the metal phosphorus
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`oxide includesat least one of the group consisting of Li3PO4, LiPON, Li2HPO«, LiH2POs,
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`Na3PO4, Na2HPO«, NaH2POa, Zr3(PO4)4, Zr(HPO.)2, HZr2(PO4)3, K3PO4, K2HPOa,
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`KH2POu4, Ca3(PO4)2, CaHPOs, Mg3(PO4)2, MgHPOs, LiCl—LisP3010, LiCI—Li7PsO16,
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`LiCI]—LiPOs, LiCI—Li20—P20s, LizO—P20s, AgI—AgPO3, Cul—CuPO3, PbF2—
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`MnF2—Al(PO4)3, and AgI—Ag2O0—P20;”(claim 7) and “the metal phosphorus oxide
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`includesat least one of the group consisting of Li3PO4, Ca3(PO4)2, and K3PO4”(claim
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`12).
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`p.
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`Regarding claim 8, Shiozaki as modified teaches the electrode of claim 1, wherein
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`Shiozaki teaches said inorganic compound may be manganese oxide,silicon dioxide,
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`titanium dioxide, and aluminum oxide (e.g. supra), reading on “the inorganic compound
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`

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`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 14
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`includesat least one of the group consisting of aluminum oxide,titanium dioxide, silicon
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`dioxide, and manganese oxide.”
`
`q.
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`Regarding claim 13, Shiozaki as modified teaches the electrode of claim 1,
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`wherein said protective layer does not require the presence of a composition of LiMnPOa,
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`Liz2MPO,F wherein M is Co or Ni, and ferrous metal phosphorus oxides(entire
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`disclosure), reading on “the intermediate layer is free of at least one of the group
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`consisting of LiMnPOg, LizMPO,gFwherein M is Co or Ni, and ferrous metal phosphorus
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`oxides.”
`
`r.
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`Regarding claims 9-10, Shiozaki and Gauthier are applied as provided supra, with
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`the following modifications.
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`S.
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`Still regarding independent claim 9, Shiozaki as modified teaches said
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`rechargeable lithium batteries with said cathode (e.g. supra), reading on “secondary
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`battery, comprising: the positive electrode according to claim 1,” wherein Shiozaki
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`further teaches a negative electrode(e.g. item 12, e.g. [| 0017-18), reading on “a
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`negative electrode;” a separator (e.g. item 13) provided betweensaid positive electrode
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`and said negative electrode (e.g. Id), reading on “a separator disposed between the
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`positive electrode mixture layer of the positive electrode and the negative electrode;” and,
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`a nonaqueous electrolyte (e.g. Id), reading on “an electrolyte.”
`
`t.
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`Still regarding claim 10, Shiozaki as modified teaches the battery of claim 9,
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`wherein the entire disclosure does not teach or suggest part of said positive electrode
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`mixture layer including any of said lithium phosphate, potassium phosphate, or inorganic
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`compound(e.g. entire disclosure), so the amount thereof within any part of said
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`composite cathode layer would be 0%, within the claimed limitation “in a part of the
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`

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`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 15
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`positive electrode active material layer extending from the surface on the separator side
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`to a level of about 45 of the thickness of the positive electrode active material layer in the
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`thickness direction of the positive electrode active material layer, the total amountof the
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`metal phosphorus oxide and the inorganic compound other than the metal phosphorus
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`oxide included therein is less than 0.5 mass %,” as claimed.
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`Allowable Subject Matter
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`9.
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`Claim 11 is objected to as being dependent upona rejected base claim, but would be
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`allowable if rewritten in independentform includingall of the limitations of the base claim and
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`any intervening claims.
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`The following is a statement of reasonsfor the indication of allowable subject matter:
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`none ofthe timely art of record teaches or suggests the claimed secondarybattery of claim 11,
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`wherein the positive electrode has the claimed compositions of said metal phosphorous oxide
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`and inorganic compound of claim | are present in a part of the positive electrode mixture
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`layer and extending from the interface between the positive electrode mixture layer and the
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`intermediate layer to a level of about 14 of the thickness of the positive electrode mixture
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`layer.
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`Conclusion
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`10.
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`Anyinquiry concerning this communication or earlier communications from the
`
`examinershould be directed to YOSHITOSHI TAKEUCHIwhosetelephone numberis
`
`(571)270-5828. The examiner can normally be reached M-F,9-6.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`

`

`Application/Control Number: 16/733,615
`Art Unit: 1723
`
`Page 16
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`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, MILTON CANOcan be reached on 313-446-4937. The fax phone numberfor the
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`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`11.
`
`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
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`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.
`
`/YOSHITOSHI TAKEUCHI
`Primary Examiner, Art Unit 1723
`
`