www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/640,116
`
`02/19/2020
`
`Nobuhiko Hojo
`
`P200158US00
`
`1065
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`MERKLING, MATTHEW J
`
`1725
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/17/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-16 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-16 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://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) The drawing(s) filed on 2/19/2020 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:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) 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.
`3.2.) 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 2/19/2020.
`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 20220607
`
`Application No.
`Applicant(s)
`16/640,116
`Hojo etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MATTHEW J MERKLING
`1725
`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 2/19/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) 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: 16/640,116
`Art Unit: 1725
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`2.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under eitherstatus.
`
`Specification
`
`3.
`
`The specification and drawings have been reviewed and no clear informalities or objections
`
`have been noted.
`
`4.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
`
`Claim Rejections - 35 USC § 102
`
`for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale,
`or otherwise available to the public before the effectivefiling date of the claimed invention.
`
`5.
`
`Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takashi (JP
`
`2010056027A with machine translation).
`
`Regarding claim 1, Takashi discloses an aqueous rechargeable battery comprising:
`
`a positive electrode including a positive electrode current collector and a positive electrode
`
`active material layer provided on a surface of the positive electrode current collector (see
`
`paragraph 24 which discloses the battery configuration which comprises a positive, negative
`
`current collector, a positive and negative electrode and a separator layered);
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 3
`
`a negative electrode including a negative electrode current collector and a negative
`
`electrode active material layer provided on a surface of the negative electrode current collector
`
`(see paragraph 24 which discloses the battery configuration which comprises a positive,
`
`negative current collector, a positive and negative electrode and a separator layered); and
`
`an aqueous electrolyte solution containing a lithium salt and water (paragraph 12), wherein:
`
`the positive electrode active material layer contains one or more positive electrode active
`
`materials and one or more lithium ion-conducting solid electrolytes (paragraphs 12 and 13
`
`disclose a ion conducting solid electrolyte with the positive electrode); and
`
`the positive electrode active materials include a lithium transition metal oxide (as described
`
`in paragraph 19).
`
`Regarding claims 2 and 3, Takashi further discloses the lithium ion-conducting solid
`
`electrolytes cover at least part of a surface of the positive electrode active materials (see
`
`paragraph 13 which describes the ion conductive powder in the electrode as a mixture with the
`
`active material which will inherently cover at least a part of the surface of the positive active
`
`material).
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`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.
`
`7.
`
`Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han (US
`
`2016/0126542) in view of Kawamoto (US 2012/0156571) and Matsuno (EP 3220459 A1).
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 4
`
`Regarding claims 1, 13-15 Han discloses a rechargeable battery comprising:
`
`a positive electrode including a positive electrode current collector and a positive electrode
`
`active material layer provided on a surface of the positive electrode current collector (see
`
`paragraph 92 which discloses coating a current collector with a positive electrode mixture);
`
`a negative electrode including a negative electrode current collector and a negative
`
`electrode active material layer provided on a surface of the negative electrode current collector
`
`(see paragraph 101 which discloses a negative electrode active material coated on a current
`
`collector); and
`
`a non-aqueous electrolyte solution containing a lithium salt (see paragraph 109 which
`
`discloses a lithium salt dissolved in a non-aqueous electrolyte), wherein:
`
`the positive electrode active material layer contains one or more positive electrode active
`
`materials and one or morelithium ion-conducting solid electrolytes (see paragraphs 44-46
`
`whichdisclose coating the active material with LiF and Li3PO4); and
`
`the positive electrode active materials include a lithium transition metal oxide (paragraph
`
`52).
`
`Han teaches a battery with a non-aqueous electrolyte but does not disclose the presence of
`
`an aqueous electrolyte nor doesit teach the claimed concentration.
`
`Kawamotoalso discloses an lithium ion battery (see abstract).
`
`Kawamoto teaches a number of knownelectrolytes can be usedin the lithium battery,
`
`including a non-aqueous electrolyte (such as in Han) as well as an aqueous electrolyte, such as
`
`LiN(SO2C2F5)(paragraph 63) and discloses an amountofsalt in an electrolyte that overlaps the
`
`claimed range (paragraph 64).
`
`It is also knownin the art, as described in Matsuno, that non-
`
`aqueous electrolytes tend to be flammable and more toxic than aqueous electrolytes
`
`(paragraph 3). As such, it would have been obvious to one of ordinary skill in the art at the time
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 5
`
`of the invention to replace the non-aqueous electrolyte of Han with the aqueous electrolyte of
`
`Kawamotoin order to reduce the flammability and toxicity of the battery. Furthermore
`
`selecting between a number of well known electrolytes amounts to nothing more than a mere
`
`substitution of one known element for another to yield entirely predictable results.
`
`Regarding claim 2, Han further discloses the lithium ion-conducting solid electrolytes cover
`
`at least part of a surface of the positive electrode active materials (see Fig. 1 and 2 where the
`
`coating/electrolyte layer 13 covers active material 10).
`
`Regarding claim 3, Han further discloses the lithium ion-conducting solid electrolytes cover
`
`at least part of the surface of the positive electrode current collector (by being coated on the
`
`current collector, as described in paragraph 92, the outer layer of the solid electrolyte 13 with
`
`inherently cover at least a portion of the current collector).
`
`Regarding claim 4, Han further discloses the positive electrode active material layer further
`
`contains a conductive agent; and the lithium ion-conducting solid electrolytes cover at least part
`
`of a surface of the conductive agent (see paragraph 153 where Han gives an example of the
`
`carbonaceous conductor being mixed with the positive active material and the ion conductor
`
`which will include at least a portion of the carbonaceous material’s outer surface being
`
`covered/in contact with the solid electrolyte).
`
`Regarding claims 5-8, Han further discloses the lithium ion-conducting solid electrolytes
`
`include one or more lithium ion-permeable oxides X and compoundY (see claim 1 of Han which
`
`discloses the ion conduction layer and include LiF and Li3PO4).
`
`Regarding claim 9, Han, as modified by Kawamoto above,the positive electrode active
`
`material layer contains a condensed polymer of the lithium ion-conducting solid electrolytes;
`
`and the polymer contains the elemental Li, the elemental M?, and the elemental O (such will be
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 6
`
`the case when the Li3PO4 reacts with the protons in the battery, as described in paragraphs 15-
`
`16 of the instant published application)
`
`Regardingclaims 10-12, Han doesnot explicitly disclose the claimed composition, but does
`
`teach a positive active material. See claim 4 of Han which discloses a composition range which
`
`overlaps the claimed composition range. As such, arriving at the claimed range would have
`
`been obvious to one ofordinary skill in the art at the time of the invention.
`
`In the case where
`
`the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of
`
`obviousness exists (see MPEP §2144.05(I)).
`
`Regarding claim 16, Han further discloses the positive electrode active material layer further
`
`contains a binder; and the lithium ion-conducting solid electrolytes cover at least part of a
`
`surface of the conductive agent (see paragraph 153 where Han gives an example of a binder
`
`being mixed with the positive active material and the ion conductor which will include at least a
`
`portion of the carbonaceous material’s outer surface being covered/in contact with the solid
`
`electrolyte).
`
`Relevant Prior Art
`
`US 2017/0207482 - Coating an active material layer with a solid electrolyte such as Li4Si04
`
`or Li3PO4 (paragraph 99)
`
`US 2017/0179545- Active material with a coating layer comprising Li3PO4 (paragraph 42).
`
`JP 2014154406 A - Discloses an aqueous electrolyte comprising a cathode active material
`
`that is coated with a solid electrolyte.
`
`CN 107565134 A - Discloses exchanging nonaqueous electrolyte with aqueous electrolyte in
`
`the interest of safety.
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 7
`
`Conclusion
`
`8.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MATTHEW J MERKLING whosetelephone number is (571)272-9813. The examiner
`
`can normally be reached Monday- Thursday 8am-6pm.
`
`Examiner interviewsare 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://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Basia Ridley can be reached on 571-272-1453. The fax phone numberfor the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
`
`file and manage patent submissions in Patent Center,visit: https://patentcenter.uspto.gov. Visit
`
`https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
`
`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
`
`questions, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
`
`571-272-1000.
`
`/MATTHEW J MERKLING/
`Primary Examiner, Art Unit 1725
`
`