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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
`
`15/772,701
`
`05/01/2018
`
`Masanori Sugimori
`
`P180309US00
`
`9157
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`DINH, BACH T
`
`ART UNIT
`1726
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/26/2019
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`15/772 ,701
`Examiner
`BACH T DINH
`
`Applicant(s)
`Sugimoriet al.
`Art Unit
`1726
`
`AIA (FITF) Status
`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 05/01/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) 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\(Z 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.
`
`Disposition of Claims*
`7-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 7-11 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) 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)C The specification is objected to by the Examiner.
`11) The drawing(s) filed on 05/01/2019 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:
`cc) None ofthe:
`b)LJ Some**
`a)Y) 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.
`3.4) 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)
`
`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 20191217
`
`

`

`Application/Control Number: 15/772,701
`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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`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`Summary
`
`2.
`
`3.
`
`This is the response to the communication filed on 05/01/2018.
`
`Claims 7-11 are currently pending and have been fully considered.
`
`4.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`6.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
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`summarized as follows:
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`1. Determining the scope and contents ofthe 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.
`
`

`

`Application/Control Number: 15/772,701
`Art Unit: 1726
`
`Page 3
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`4. Considering objective evidence presentin the application indicating obviousness or
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`nonobviousness.
`
`7.
`
`Claims 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paulsen et al. (US
`
`2015/0311512) in view of Oka et al. (US 2017/0084916) and Kim et al. (US 2014/0072874).
`
`Addressing claim 7, Paulsen discloses a nonaqueous electrolyte secondary battery (paragraph
`
`[0019] discloses the electrolyte in nonaqueous solvent) comprising a positive electrode
`
`(cathode), a negative electrode (anode), a separator [0003, 0075, 0150] between the positive
`
`electrode and the negative electrode, and a nonaqueous electrolyte [0019],
`
`wherein the positive electrode contains a first lithium transition metal oxide in which Ni
`
`accounts for 30 mole percent or more of the total molar amount of metal elements excludingLi
`
`(paragraph [0016] discloses the second lithium transition metal oxide based powder having the
`
`mole percent of Ni that overlaps with the claimed range);
`
`a second lithium transition metal oxide in which Co and Ni account for 60 mole percent
`
`or more and 20 mole percentor less, respectively, of the total molar amount of metal elements
`
`excluding Li (paragraphs [0014-0015] disclose two alternativefirst lithium transition metal oxide
`
`material having the mole percent of cobalt that overlaps with the claimed range; the disclosed
`
`first lithium transition metal oxide material also does not contain Ni, which also satisfies the
`
`range of mole percent of Ni of 20 mole percentor less).
`
`Paulsen discloses the negative electrode is made of Li [0141]; however, Paulsenis silent
`
`regarding the negative electrode contains lithium-titanium composite oxide.
`
`Kim discloses anode materials for secondary battery; wherein, the anode is made of Li metal
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`[0065], similarly to that of Paulsen, or lithium titanium oxide [0067].
`
`

`

`Application/Control Number: 15/772,701
`Art Unit: 1726
`
`Page 4
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`At the time of the effective filing date of the invention, one with ordinaryskill in the art would
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`have found it obvious to modify the anode of Paulsen by substituting the known Li metal
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`material with the knownlithium titanium oxide material disclosed by Kim in order to obtain the
`
`predictable result of forming an anode for a secondary battery (Rationale B, KSR decision, MPEP
`
`2143).
`
`Paulsen is also silent regarding the positive electrode includes tungsten elementin the form of a
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`solid solution in at least one of the first and second lithium transition metal oxide and another
`
`portion in the form of a tungsten compound attachedto the surface of at least one of the first
`
`and second lithium transition metal oxide.
`
`Oka discloses positive electrode includeslithium transition metal oxide similarly to that of
`
`Paulsen; wherein, tungsten elementis added to the lithium transition metal oxide to improve
`
`the regenerative characteristics of the positive electrode [0016]. The tungsten elementincludes
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`a portion present in the form of a solid solution in the lithium transition metal oxide [0020] and
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`another portion is present in the form of a tungsten compound attachedto the surface of the
`
`lithium transition metal oxide [0019-0020].
`
`At the time of the effective filing date of the invention, one with ordinaryskill in the art would
`
`have found it obvious to modify the positive electrode of Paulsen by adding the tungsten
`
`compound disclosed by Oka that forms the portion attached to the surface of the lithium
`
`transition metal oxide (either the first transition metal oxide, the second transition metal oxide
`
`or both) and another portion in the form of a solid solution in the transition metal oxide (either
`
`

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`Application/Control Number: 15/772,701
`Art Unit: 1726
`
`Page 5
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`the first transition metal oxide, the second transition metal oxide or both) as disclosed by Oka in
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`order to improve the regenerative characteristics of the positive electrode (Oka, [0019-0020)).
`
`Addressing claims 8-9, paragraph [0023] of Oka discloses the amount of tungsten compound is
`
`between 0.1 mole percent to 1.5 mole percent with respect to the sum of the molar amountsof
`
`metals, excluding lithium, that falls within the claimed ranges.
`
`Addressing claims 10-11, Oka discloses the tungsten compound is WO3 [0047].
`
`Conclusion
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`8.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to BACH T DINH whosetelephone numberis (571)270-5118. The examiner can
`
`normally be reached on Mon-Friday 8:00 - 4:30 EST.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Keith Hendricks can be reached on (571)-272-1401. The fax phone numberfor the organization where
`
`this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
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`
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`

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`Application/Control Number: 15/772,701
`Art Unit: 1726
`
`Page 6
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`the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/BACH T DINH/
`Primary Examiner, Art Unit 1726
`12/19/2019
`
`