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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
`
`08/30/2021
`
`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)
`
`

`

`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 07/26/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J 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.
`
`Disposition of Claims*
`1-11 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) 1-11 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto 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://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)0) The drawing(s) filedon__ is/are: a)(J 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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 20210804
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`The text of those sections of Title 35, U.S. Code not includedin this action can
`
`be found in a prior Office action.
`
`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) 1, 3-7, and 9-11 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 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),
`
`wherein the positive electrode (see Fig. 2 [0021]-[0022]) includes:
`
`a positive electrode current collector (30); a positive electrode mixture layer (32)
`
`including a positive electrode active material containing a lithium transition metal oxide
`
`([0024][0025));
`
`and a protective layer (31 [0022], see Fig. 2) provided between the positive
`
`electrode current collector (30) and the positive electrode mixture layer (32),
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 3
`
`the protective layer ([0028]-[0032]) includes inorganic compound particles
`
`([0028]), a conductive agent [0031], and a binder [0032], and has a recessed structure
`
`wherethe positive electrode mixture layer is recessed into the protective layer, anda
`
`content of the binder is 1 mass % or more and 10 mass %or less ([0032]) based on the
`
`total amountof the protective layer.
`
`Examiner notes that the protective layer contains particles, conductive agent and
`
`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
`
`therefore will have the same claimed “recessed structure” into which the positive
`
`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
`
`the region, depending on the average thickness and thicknessdistribution of the
`
`protective layer (specification [0030]).
`
`Shiozaki discloses that the particle size of the inorganic compoundparticlesis 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
`
`prepared by mixing the binder, conductive additive (acetylene black), and aluminum
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 4
`
`oxide, applying the mixture onto an aluminum foil, and drying the mixture (specification
`
`[0056]). The positive active material is applied onto the protective layer, dried, and rolled
`
`(pressed) (specification [0057]).
`
`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
`
`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
`
`the two uneven layers of Shiozaki would have produced the same standard deviation of
`
`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.
`
`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]).
`
`Regarding claims 3, 4, 6 and 7, Shiozaki disclosesall of the claim limitations as
`
`set forth above.
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 5
`
`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
`
`prepared by mixing the binder, conductive additive (acetylene black), and aluminum
`
`oxide, applying the mixture onto an aluminum foil, and drying the mixture (specification
`
`[0056]). The positive active material is applied onto the protective layer, dried, and rolled
`
`(pressed) (specification [0057]).
`
`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
`
`the region, depending on the average thickness and thicknessdistribution 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
`
`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
`
`the two uneven layers of Shiozaki would have produced the same standard deviation of
`
`a thickness distribution of the protective layer and would have been difficult to prevent
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 6
`
`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.
`
`Furthermore with regards to the inorganic particles have a shape formed by
`
`connecting a plurality of primary particles, Examiner finds that once the protective layer
`
`is dried this will be present (further evidenceof this is provided by Ikeda (US
`
`2011/0189546 A1) [0075]).
`
`Regarding claim 10, modified Shiozaki discloses all of the claim limitations as set
`
`forth above.
`
`In addition, Shiozaki discloses the particle size of the inorganic compound
`
`particles is 1 micron or less [0028] which is the same particle size as instantly disclosed
`
`in the specification (see [0038] instant specification) has the same ratio of components
`
`which form the protective layer and is formed to the same thickness asthe instant
`
`invention (see Example A1, 3 microns vs. Example 2 of the instant invention).
`
`In the instant disclosure, the applicant discloses that the protective layer slurry is
`
`prepared by mixing the binder, conductive additive (acetylene black), and aluminum
`
`oxide, applying the mixture onto an aluminum foil, and drying the mixture (specification
`
`[0056]). The positive active material is applied onto the protective layer, dried, and rolled
`
`(pressed) (specification [0057]).
`
`The examiner’s position is that because the method of Shiozaki follows the same
`
`method as disclosed by applicant, the composition of the protective layer is the same
`
`composition as instantly claimed, the values for thickness of Shiozaki lie within the
`
`claimed rangesof applicant (See rejection of claim 5), and therefore would have
`
`producedatotal area of regions where a thicknessof the protective layer is 0.5 um or
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 7
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`less is 20%or less based onatotal area of the protective layer, and the standard
`
`deviation 6 of the thickness distribution of the protective layer is 50%or lessrelative to
`
`an average thickness of the protective layer.
`
`Regarding claim 11, modified Shiozaki discloses all of the claim limitations as set
`
`forth above.
`
`In addition, Shiozaki discloses the particle size of the inorganic compound
`
`particles is 1 micron or less [0028] which is the same particle size as instantly disclosed
`
`in the specification (see [0038] instant specification) has the same ratio of components
`
`which form the protective layer and is formed to the same thickness asthe instant
`
`invention (see Example A1, 3 microns vs. Example 2 of the instant invention).
`
`In the instant disclosure, the applicant discloses that the protective layer slurry is
`
`prepared by mixing the binder, conductive additive (acetylene black), and aluminum
`
`oxide, applying the mixture onto an aluminum foil, and drying the mixture (specification
`
`[0056]). The positive active material is applied onto the protective layer, dried, and rolled
`
`(pressed) (specification [0057]).
`
`The examiner’s position is that because the method of Shiozaki follows the same
`
`method as disclosed by applicant, the composition of the protective layer is the same
`
`composition as instantly claimed, the values for thickness of Shiozakilie within the
`
`claimed rangesof applicant (See rejection of claim 5), and therefore would have
`
`produced the same result for the value of the porosity.
`
`Claim 2 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 Hanazaki (U.S. Pub. No. 2015/0303519).
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 8
`
`Regarding claim 2, Shiozaki disclosesall of the claim limitations as set forth
`
`above.
`
`Shiozaki doesnot disclose the density of the positive electrode active material.
`
`Hanazaki discloses a nonaqueous electrolyte secondary battery comprising a
`
`positive electrode provided with a positive material active material and a nonaqueous
`
`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]) and that the density is
`
`adjusted byroll pressing ([0085]).
`
`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
`
`active layer of Hanazaki to modify the positive electrode active material of Shiozaki in
`
`order to provide higher output characteristics and durability.
`
`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).
`
`Regarding claim 8, Shiozaki disclosesall of the claim limitations as set forth
`
`above.
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 9
`
`In addition, Shiozaki discloses that alumina particles can be used as the
`
`inorganic compound particles in the protective layer however does not disclose 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
`
`Ikeda because Ikeda doesdisclose that they are preferable in a protective layer and
`
`furthermore discloses that they can belinked.
`
`Responseto Arguments
`
`Applicant argues that Examples 1-3 produce a standard deviation o within the
`
`range of +/- 0.5 um, while Comparative Example 1 does not, and instead produces a
`
`standard deviation o of 0.4 um. Applicant argues that Comparative Example 1 was
`
`producedin the same manner using the same composition as Examples 1-3 and
`
`therefore it cannot be said, with absolute certainty, that the method of Shiozaki
`
`produces similar results, so as to inherently satisfy the claimed standard deviation
`
`range.
`
`Examiner notes that the only differences between the protective layer of
`
`Examples 1-3 and Comparative Example 1
`
`is the thickness of the layer. Examiner notes
`
`that the protective layer of Example A1 of Shiozaki is formed to the same thickness as
`
`disclosed of Example 2 of the instant invention which has the same standard deviation
`
`as instantly claimed. The thickness of the protective layer of Comparative Example 1
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 10
`
`exceeds the claimed range (claim 5) and has a standard deviation whichis less than
`
`that instantly claimed. Therefore, no direct comparison can be made between
`
`Comparative Example 1 and Shiozaki because Shiozaki discloses the same thickness
`
`of the protective layer as instantly claimed (claim 5) and therefore will have the same
`
`standard deviation as instantly claimed. In addition, Shiozaki discloses that the
`
`thickness of the protective layer has both an effect on the battery capacity and the
`
`internal temperature of the battery, therefore one of ordinary skill would have wantedto
`
`optimize these characteristics in relation to the protective layer thickness.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`

`

`Application/Control Number: 16/580,206
`Art Unit: 1726
`
`Page 11
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DEVINA PILLAY whosetelephone number is (571)270-
`
`1180. The examiner can normally be reached on Monday-Friday 9:30-6:00.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.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 number
`
`for 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.
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`For more information about the PAIR system, see https://ppair-
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`272-1000.
`
`/DEVINA PILLAY/
`Primary Examiner, Art Unit 1726
`
`