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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
`
`16/635,018
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`01/29/2020
`
`Yuta Kuroda
`
`P200091US00
`
`7409
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`MARTIN, ANGELA J
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`1727
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`09/14/2023
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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
`following e-mail address(es):
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`patentmail @ whda.com
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`PTOL-90A (Rev. 04/07)
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`

`

`
`
`Disposition of Claims*
`1.and 4-5 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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)
`1and4-5 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) 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://Awww.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)[VM. 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 beenreceived 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)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 2/10/23.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`
`Part of Paper No./Mail Date 20230909
`
`Application No.
`Applicant(s)
`16/635,018
`Kuroda etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ANGELA J MARTIN
`1727
`Yes
`
`
`
`-- The MAILING DATEof this 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
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`1) Responsive to communication(s)filed on 6/2/23.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() 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: 16/635,018
`Art Unit: 1727
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Continued Examination Under 37 CFR 1.114
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`1.
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`A requestfor continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), wasfiled in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has beentimely paid, the finality of the previous Office action
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`has been withdrawn pursuantto 37 CFR 1.114. Applicant's submission filed on
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`6/2/2023 has been entered.
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`Applicant has amended independent claim 1 and canceled claim 2; pending claims 1, 4,
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`5.
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`

`

`Application/Control Number: 16/635,018
`Art Unit: 1727
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`Page 3
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`3.
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`Claim(s) 1, 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Okada et al., US 2008/0213670, in view of Yamazaki et al., JPH10125325
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`(machine translation).
`
`Regarding claim 1, Okada et al., teaches a non-aqueous electrolyte secondary battery
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`(abstract; 0006; 0011), comprising:
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`a positive electrode (abstract; 0012);
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`a negative electrode (abstract; 0012); and
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`a non-aqueous electrolyte (0016), wherein
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`the positive electrode includes a positive electrode active material (abstract; 0007)
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`including complex oxide particles (lithium-containing composite metal oxide) (0024;
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`0050-0052), including Ni, Co and Li (0024) and including at least either of Mn and Al
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`(0024), wherein a ratio of Ni to Co to Al is 7:2:1(0079); wherein the volume average
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`particle size of the complex oxide particles is 2 um or more and 6 um or less, wherein
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`the volume average particle size is measured asto primary particles of the complex
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`oxide particles (0022-0023; 0048; 0065; 0079-0082; 0101).
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`Okadaet al., does not teach the complex oxide particles have a ratio (A/B) of a BET
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`specific surface area (A) (m7/g) to a theoretical specific surface area calculated by the
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`following expression (B) (m7/g) of more than 1.0 and equalto or less than 1.81:
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`Theoretical specific surface area (B) (m7/g) = 6/(true density (g/cm*) x volume average
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`particle size (um)).
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`Yamazakiet al., teaches the complex oxide particles have a ratio (A/B) of a BET
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`specific surface area (A) (m2/g) to a theoretical specific surface area calculated by the
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`

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`Application/Control Number: 16/635,018
`Art Unit: 1727
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`Page 4
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`expression (B) (m2/g) of between 1.0 and 2.7 (abstract; 0009-0010) or between 1.0 and
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`3 (0007-0008).
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`Thus, it would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the invention to have modified Okadaetal., with the ratio in Yamazaki
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`because an A/Bratio having a value close to 1 has a smoother particle surface which
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`leads to gooddispersibility. Additionally, the “lithium cobalt oxide as a positive electrode
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`active material has excellent characteristics due to its excellent electronic properties
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`whena positive electrode plate containing the same as a main component is
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`manufactured.” (0009-0018).
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`Regarding claim 4, Okada et al., teaches the BET specific surface area (A) is 0.45 m2/g
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`(0081).
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`Regarding claim 5, Okada et al., modified by Yamazaki, does not teach wherein the true
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`density of the complex oxide particles is 4.3 g/cm3 or more and 4.7 g/cm3 or less.
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`However, it would have been obvious to one of ordinary skill in the art to insert the
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`teachings of Tamaki into the teachings of Okada because “Praducis of identical chemical
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`composition carinat have mutually exclusive properties." in re Spada, 911 F.2d 705, 709, 15
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`USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical compasilion and fis properties are
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`inseparable. Therefore, if the priar art teaches the identical chemical structure, the properties
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`applicant disclases and/or clainis are necessarily present.
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`Conclusion
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`4.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ANGELA J MARTIN whosetelephone number is
`
`(571)272-1288. The examiner can normally be reached 7am-4pm.
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`

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`Application/Control Number: 16/635,018
`Art Unit: 1727
`
`Page 5
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`ANGELA J. MARTIN
`Examiner
`
`Art Unit 1727
`
`/ANGELA J MARTIN/
`Examiner, Art Unit 1727
`
`