UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/781,578
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`06/05/2018
`
`Takashi K0
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`P180499US00
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`7814
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`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
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`TYSONS, VA 22182
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`DOUYETTE~ KENNETH]
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`1725
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`09/29/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patentmail@ whda.eom
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`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
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`Application No.
`15/781,578
`Examiner
`KENNETH J DOUYETTE
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`Applicant(s)
`K0 et al.
`Art Unit
`1725
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 9/10/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) D This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(ss)
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`is/are allowed.
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`8)
`Claim(s 612Is/are rejected
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:l The specification is objected to by the Examiner.
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`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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).
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`Priority under 35 U.S.C. § 119
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:] Some**
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`c)l:i None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3D 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 6/10/2020.
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200917
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`

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`Application/Control Number: 15/781 ,578
`Art Unit: 1725
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`Page 2
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`DETAILED ACTION
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`Response to Amendment
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`1.
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`Claims 6-12 are pending in the application. Previous double patenting rejection
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`has been withdrawn and new grounds of rejection have been added as a result of the
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`amendment to the claims submitted 9/10/2020.
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`Claim Rejections - 35 USC § 103
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`2.
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`The text of those sections of Title 35, U.S. Code not included in this action can
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`be found in a prior Office action.
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`3.
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`Claims 6, 7, 9, 11 and 12 are rejected under 35 U.S.C. 103 as being
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`unpatentable over Koyama et al. (JP 2013069580, see Machine Translation) in view of
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`Liang et al. (US 2012/0328774).
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`Regarding claims 6, 7 and 11, Koyama et al. discloses in Figs 1-3, a nonaqueous
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`electrolyte secondary battery (ref 100) comprising a positive electrode (ref 30) and a
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`negative electrode (ref 40), wherein the positive electrode (ref 30) contains a lithium
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`transition metal oxide including tungsten ([0024], [0036], [0053]), at least one element of
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`group 5 and group 6 element in the periodic table ([0024], [0036], [0053]).
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`Koyama et al. does not explicitly disclose MnHPO4 which is attached to a surface of
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`the lithium transition metal oxide.
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`Liang et al. discloses in Figs 1-14, a battery including a positive electrode material
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`([0064]-[0067]) comprising a lithium transition metal oxide with MnHPO4 attached
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`

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`Application/Control Number: 15/781 ,578
`Art Unit: 1725
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`Page 3
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`thereto ([0131], [0131], [0037], [0038]). This configuration enhances battery capacity
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`and cycling performance characteristics ([0064]-[0067]).
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`Liang et al. and Koyama et al. are analogous since both deal in the same field of
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`endeavor, namely batteries.
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`It would have been obvious to one of ordinary skill in the art at the time of filing to
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`incorporate MnHPO4 surface attached/agglomerated lithium transition metal oxide
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`material disclosed by Liang et al. into the positive electrode composition of Koyama et
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`al. to enhance battery capacity and cycling performance, thereby enhancing overall
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`battery performance.
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`Regarding claim 9, modified Koyama et al. discloses all of the claim limitations as
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`set forth above and also discloses the positive electrode (ref 30) contains an element of
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`a group 6 element ([0024], [0036], [0053]) in the periodic table
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`Regarding claim 12, modified Koyama et al. discloses all of the claim limitations as
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`set forth above and also discloses the negative electrode (ref 40) contains a graphitic
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`carbon material and a non-crystalline carbon material fixed to a surface of the graphitic
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`carbon material ([0046], combination of different carbon materials disclosed).
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`4.
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`Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Koyama et al. (JP 2013069580, see Machine Translation) in view of Liang et al. (US
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`2012/0328774) as applied to claim 6 above, and further in view of Yoshimura et al. (US
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`2002/0051910).
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`

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`Application/Control Number: 15/781 ,578
`Art Unit: 1725
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`Page 4
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`Regarding claims 8 and 10, modified Koyama et al. discloses all of the claim
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`limitations as set forth above and also discloses the cathode includes mn and metal
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`hydrogen phosphate (see above rejection) but does not explicitly disclose it includes a
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`niobium containing oxide
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`Yoshimura et al. discloses in Fig 1, a lithium secondary battery (Abstract) including a
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`positive active material comprising an oxide including niobium ([0018]). This
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`configuration enhances cycle characteristics, thereby enhancing overall battery
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`performance ([0018]).
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`Yoshimura et al. and Koyama et al. are analogous since both deal in the same field
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`of endeavor, namely batteries.
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`It would have been obvious to one of ordinary skill in the art at the time of filing to
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`incorporate the oxide including niobium disclosed by Yoshimura et al. into the positive
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`active material of Koyama et al. to enhance cycle characteristics, thereby enhancing
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`overall battery performance.
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`Response to Arguments
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`5.
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`Applicant’s arguments with respect to claim (s) 6-12 have been considered but
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`are moot in view of new grounds of rejection.
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`Conclusion
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`6.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`

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`Application/Control Number: 15/781 ,578
`Art Unit: 1725
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`Page 5
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to KENNETH J DOUYETTE whose telephone number is
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`(571)270-1212. The examiner can normally be reached on Monday - Friday 8A - 4P
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`EST.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Basia Ridley can be reached on 571-272—1453. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`

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`Application/Control Number: 15/781 ,578
`Art Unit: 1725
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`Page 6
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see https://ppair-
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`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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`If you would like assistance from a USPTO Customer Service Representative or access
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`to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-
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`272-1000.
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`/KENNETH J DOUYETTE/
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`Primary Examiner, Art Unit 1725
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`