Application No.: 16/580,195
`
`Docket No.: P190960US00
`
`REMARKS
`
`By this Amendment, claims 1, 2 and 4-13 are pending. Claims | and 2 are herein amended
`
`to remove “a thermally expanded microcapsule” from the list of potential thermal expandable
`
`materials. Claim 1 is further amendedto recite that “the positive electrode active material is one
`
`selected from the group consisting of LixCoO2, LixNiO2z, LixMnQ2, LixCoyNi1-yO2, LixCoyM1-yOz,
`
`LixNit-yMyOz, LisMn2O4, LixMn2-+~yMyO4, LIMPOs, Lix2MPOsF (M: at least one of Na, Mg, Sc, Y,
`
`Mn, Fe, Co, Ni, Cu, Zn, Al, Cr, Pb, Sb, and B, 0<x<1.2, 0<y<0.9, and 2.0<z<2.3), and
`
`combinations thereof.” Support may be foundin the original disclosure, for example, at paragraph
`
`[0021] of the specification as filed. Further support is detailed below.
`
`Applicant’s Response to the Claim Rejections under 35 U.S.C.§103
`
`Claims 1, 4, 6, 8, 10 and 11 are rejected under 35 U.S.C. § 103 as being unpatentable
`
`over Shiozaki (JP Publication 2016-127000) in view of Schmidt (U.S. Patent Publication
`
`2013/0164635).
`
`In responsethereto, applicant respectfully submits that the claims as now presented are not
`
`obvious over Shiozaki in view of Schmidt for at least the reason that the combination does not
`
`provide for all the aspects of the claims, nor is there any rationale prompting a skilled artisan to
`
`modify the combination so as to derive the current invention.
`
`Specifically, Shiozaki in view of Schmidtat least fails to provide for the aspects of parent
`
`claim 1 as to wherein the thermally expandable material includesat least one of expanded graphite
`
`and a foaming agent, in conjunction with the other aspects of the positive electrode, including
`
`wherein the positive electrode active material is one selected from the group consisting of LixCoOz,
`
`LixNiO2, LixMnOz, LixCoyNi1-+O2, LixCoyM1-yOz, LixNi1-yMyOz, LixMn2Oa, LixMn2-yMyOa,
`
`
`
`Docket No.: P190960US00
`
`REMARKS
`
`By this Amendment, claims 1, 2 and 4-13 are pending. Claims | and 2 are herein amended
`
`to remove “a thermally expanded microcapsule” from the list of potential thermal expandable
`
`materials. Claim 1 is further amendedto recite that “the positive electrode active material is one
`
`selected from the group consisting of LixCoO2, LixNiO2z, LixMnQ2, LixCoyNi1-yO2, LixCoyM1-yOz,
`
`LixNit-yMyOz, LisMn2O4, LixMn2-+~yMyO4, LIMPOs, Lix2MPOsF (M: at least one of Na, Mg, Sc, Y,
`
`Mn, Fe, Co, Ni, Cu, Zn, Al, Cr, Pb, Sb, and B, 0<x<1.2, 0<y<0.9, and 2.0<z<2.3), and
`
`combinations thereof.” Support may be foundin the original disclosure, for example, at paragraph
`
`[0021] of the specification as filed. Further support is detailed below.
`
`Applicant’s Response to the Claim Rejections under 35 U.S.C.§103
`
`Claims 1, 4, 6, 8, 10 and 11 are rejected under 35 U.S.C. § 103 as being unpatentable
`
`over Shiozaki (JP Publication 2016-127000) in view of Schmidt (U.S. Patent Publication
`
`2013/0164635).
`
`In responsethereto, applicant respectfully submits that the claims as now presented are not
`
`obvious over Shiozaki in view of Schmidt for at least the reason that the combination does not
`
`provide for all the aspects of the claims, nor is there any rationale prompting a skilled artisan to
`
`modify the combination so as to derive the current invention.
`
`Specifically, Shiozaki in view of Schmidtat least fails to provide for the aspects of parent
`
`claim 1 as to wherein the thermally expandable material includesat least one of expanded graphite
`
`and a foaming agent, in conjunction with the other aspects of the positive electrode, including
`
`wherein the positive electrode active material is one selected from the group consisting of LixCoOz,
`
`LixNiO2, LixMnOz, LixCoyNi1-+O2, LixCoyM1-yOz, LixNi1-yMyOz, LixMn2Oa, LixMn2-yMyOa,
`
`
`
`Application No.: 16/580,195
`
`Docket No.: P190960US00
`
`LiMPOs, LizMPOaF (M: at least one of Na, Mg, Sc, Y, Mn, Fe, Co, Ni, Cu, Zn, Al, Cr, Pb, Sb,
`
`and B, 0<x<1.2, 0<y<0.9, and 2.0<z<2.3), and combinationsthereof.
`
`Per page 2 bridging page 5 of the Office Action, the rejection primarily relies on Shiozaki.
`
`The rejection acknowledges that Shiozaki fails to disclose aspects related to presence of a
`
`thermally expandable material, different from a conductive material, in the cathode. Schmidtis
`
`cited to supplement these missing aspects.
`
`Applicant respectfully notes that amended claim 1 now requires, in conjunction with a
`
`thermally expandable material including at least one of expanded graphite and a foaming agent,
`
`that the positive electrode active material be one selected from the group consisting of LixCoQz,
`
`LixNiO2, LixMnOz2, LixCoyNityO2, LixCoyMi-yOz, LixNi1-yMyOz, LixMn2O4, LixMn2-yMyOs,
`
`LiMPOs, LizMPOaF (M: at least one of Na, Mg, Sc, Y, Mn, Fe, Co, Ni, Cu, Zn, Al, Cr, Pb, Sb,
`
`and B, 0<x<1.2, 0<y<0.9, and 2.0<z<2.3), and combinations thereof. Potential beneficial effects
`
`related to the above noted requirements of amended claim 1 are noted, for example, at paragraph
`
`[0012] of the specification asfiled.
`
`Schmidt per paragraph [0001] thereofstates that its invention “relates to a solid composite
`
`for the cathode ofa lithitum-sulphurelectric current producing cell wherein the solid composite
`
`comprises | to 75 wt.-% of expanded graphite and 25 to 99 wt.-% of sulphur, based on the total
`
`amount of the solid composite.” Paragraphs [0006] and [0008] of Schmidt identify problems
`
`associated with lithium-sulphur electric current producing cells or “Li/S-batteries,” which its
`
`invention seeks to address. Per paragraph [0031] of Schmidt, use of expanded graphite as a
`
`conductive agent produces beneficial effects, which tend to counteract the challenges to the Li/S
`
`electric current producing cells, mainly owing to interplay between the expanded graphite structure
`
`and the sulfur in the reference compositions.
`
`
`
`Application No.: 16/580,195
`
`Docket No.: P190960US00
`
`In short, Schmidt is directed to the use of expanded graphite in a particular type of cell that
`
`requires sulfur as an active material to obtain an intended result. As such, there would have been
`
`no reasonable expectation of success in applying the reference material to a positive electrode
`
`mixture layer having a positive electrode active material that excludes sulfur, as required by
`
`amended claim 1.
`
`The rejection asserts that including an expanded graphite as taught by Schmidt in the
`
`positive electrode material layer of Shiozaki would have been obvious “because Schmidt teaches
`
`that this material improves the numberof cycles of charge/discharge that can be performed using
`
`the battery without losing capacity.” To the extent that the suggested rationale for combinationis,
`
`as indicated in paragraph [0030] of Schmidt, uniquely tied to Li/S electric current producingcells,
`
`a skilled artisan reviewing the reference as a whole would not have been reasonably motivated to
`
`apply Schmidt’s material to a non-Li/S positive electrode material layer. There would be no other
`
`rationale prompting a skilled artisan to modify Shiozaki’s battery with the expanded graphite of
`
`Schmidt so as to arrive at the invention as now presented.
`
`Wherefore, applicant respectfully submits that claim 1 as now presented, as well as its
`
`respective dependent claims are not obvious over Shiozaki in view of Schmidt.
`
`Claims 1, 2 and 4-9 are rejected under 35 U.S.C. § 103 as being unpatentable over
`
`Shiozaki (JP Publication 2016-127000) in view of Kuzuo (JP Publication 2001-332245).
`
`In responsethereto, applicant respectfully submits that the claims as now presented are not
`
`obvious over Shiozaki in view of Kuzuo for at least the reason that the combination does not
`
`provide for all the aspects of the claims, nor is there any rationale prompting a skilled artisan to
`
`modify the combination so as to derive the current invention.
`
`
`
`Application No.: 16/580,195
`
`Docket No.: P190960US00
`
`Specifically, Shiozaki in view of Kuzuoat least fails to provide for the aspects of parent
`
`claims | and 2 as to wherein the thermally expandable material includes at least one of expanded
`
`graphite and a foaming agent.
`
`Per page 5 bridging page 6 of the Office Action, the rejection primarily relies on Shiozaki.
`
`The rejection acknowledges that Shiozaki fails to disclose aspects related to presence of a
`
`thermally expandable material, different from a conductive material, in the cathode. Kuzuo is
`
`cited to supplement these missing aspects.
`
`Applicant respectfully notes that amended claims 1 and 2 now require that the thermally
`
`expandable material include “at least one of expanded graphite and a foaming agent,” omitting the
`
`previously recited “thermally expanded microcapsule.”
`
`Since Kuzuoas applied in the rejection is limited to the disclosure of “a heat expandable
`
`microcapsule” as a conductive agent in addition to the conductive agent, arguendo combining
`
`Shiozaki’s battery with the arrangement of Kuzuo would notresult in the thermally expandable
`
`material including at least one of expanded graphite and a foaming agent, as recited in amended
`
`claims 1 and 2. And there would be norationale prompting a skilled artisan to modify the
`
`arguendo combination so asto arrive at the invention as now presented.
`
`Wherefore, applicant respectfully submits that claims 1 and 2 as now presented, as well as
`
`their respective dependent claims are not obvious over Shiozaki in view of Kuzuo.
`
`Claims 10-13 are rejected under 35 U.S.C. § 103 as being unpatentable over Shiozaki
`
`(JP Publication 2016-127000) in view of Kuzuo (JP Publication 2001-332245) as applied to
`
`claims 1, 2 and 4-9 above, and further in view of Schmidt (U.S. Patent Publication
`
`2013/0164635).
`
`
`
`Application No.: 16/580,195
`
`Docket No.: P190960US00
`
`Applicant respectfully submits that by addressing the rejection of parent claim 1 as detailed
`
`above, likewise the current rejection of claims 10-13 is addressed by nature of their dependency.
`
`In view of the aforementioned amendments and accompanying remarks, Applicants submit
`
`that the claims, as herein amended,are in condition for allowance. Applicants request such action
`
`at an early date.
`
`If the Examinerbelieves that this application is not now in condition for allowance, the
`
`Examineris requested to contact the undersigned attorney at the telephone numberindicated below
`
`to arrange for an interview to expedite the disposition of this case.
`
`If this paperis not timely filed, Applicants respectfully petition for an appropriate extension
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`of time. The fees for such an extension or any other fees that may be due with respect to this paper
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`may be charged to Deposit Account No. 50-2866.
`
`Respectfully submitted,
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`
`/Michael J. Caridi/
`
`Michael J. Caridi
`Attorney for Applicants
`Registration No. 56,171
`Telephone: 703-827-3800
`Facsimile: 571-395-8753
`
`MJC/fo
`
`10
`
`
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