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`DATE MAILED: 10/24/2024
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`17/430,083
`
`08/11/2021
`
`Yasunobu Kawamoto
`
`P210697US00
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`4267
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`TITLE OF INVENTION: NON-AQUEOUS ELECTROLYTE RECHARGEABLE BATTERY
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`17/430,083
`TITLE OF INVENTION: NON-AQUEOUS ELECTROLYTE RECHARGEABLE BATTERY
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`P210697US00
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`4267
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`08/11/2021
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`Yasunobu Kawamoto
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`P210697US00
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`4267
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`38834
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`7590
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`.
`
`.
`
`17/430,083
`
`Kawamotoet al.
`
`ROBERT G WEST
`
`1721
`
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1.4] This communication is responsive to 9/3/2024 applicant arguments.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`.
`
`2._) Anelection was madeby the applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
`
`3.{¥] The allowed claim(s)is/are 1-8 . As a result of the allowed claim(s), you may beeligible to benefit from the Patent Prosecution
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`4[¥] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c) () Noneofthe:
`a) MAI
`b) (] Some*
`1.
`Certified copies of the priority documents have been received.
`2. (J Certified copies of the priority documents have been received in Application No.
`3. (J Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`Primary Examiner, Art Unit 1723
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
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`5.) CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
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`6.LJ DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
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`Attachment(s)
`1.1 Notice of References Cited (PTO-892)
`2.C Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`.
`3.) Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4.C) Interview Summary (PTO-413),
`Paper No./Mail Date.
`/ROBERT GENE WEST/
`Examiner, Art Unit 1721
`
`5. (2 Examiner's Amendment/Comment
`6.
`Examiner's Statement of Reasons for Allowance
`
`7. CZ Other
`
`.
`
`/CHRISTIAN ROLDAN/
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20241017
`
`

`

`Application/Control Number: 17/430,083
`Art Unit: 1721
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA 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. If status of
`
`the application as subject to 35 U.S.C. 102 and 103 is incorrect, any
`
`correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the
`
`rejection will not be a new ground of rejection if the prior art relied upon,
`
`and the rationale supporting the rejection, would be the same under either
`
`status.
`
`Status of Claims
`
`Claims 1-8 were rejected in the office action mailed June 3, 2024. Claims
`
`1-8 are currently pending in the application and are presently examined.
`
`Response to Amendment / Arguments
`
`Applicant's arguments filed September 3, 2024 are persuasive.
`
`Applicant’s arguments overcame the 35 U.S.C. 102 and 35 U.S.C. 103
`
`rejections previously set forth in the non-final office action mailed June 3,
`
`2024.
`
`

`

`Application/Control Number: 17/430,083
`Art Unit: 1721
`
`Page 3
`
`Allowable Subject Matter
`
`Claims 1-8 are allowed. The following is a statement of reasons for
`
`allowance:
`
`US20160006031A1 (Kaseda) is the closest prior art of record. The claims
`
`are in bold font, and Kaseda is in parentheses. Kaseda teaches the
`
`following claim 1 limitations:
`
`An non-aqueous electrolyte secondary battery including a
`positive electrode, a negative electrode, and a non-aqueous
`electrolyte (paragraphs 70-72),
`
`the positive electrode including a positive electrode current
`collector and a positive electrode mixture layer located on the
`positive electrode current collector (paragraph 59: positive
`electrode active substance on positive electrode current collector),
`
`wherein the positive electrode mixture layer includes a
`lithium complex oxide (paragraph 11: positive electrode active
`substance comprises a composite oxide containing lithium and nickel)
`in a form of secondary particles, each of the secondary
`particles being agglomerated primary particles (paragraph 11:
`positive electrode active substance has secondary particles formed by
`aggregation of primary particles)
`
`Claim 1 also recites:
`
`the secondary particles include a secondary particle in which
`a coarse primary particle having a particle size larger than
`d+6o0is present, wherein d represents an average value of
`particle sizes of the primary particles and o represents a
`standard deviation of a particle size distribution of the primary
`particles, wherein particle size is defined as a length of the
`primary particle in the major axis direction
`
`Kaseda teaches that the average particle diameter D1 [claimed d] of the
`
`primary particles can be 0.9 um or less (paragraph 29). Kaseda also teaches
`
`

`

`Application/Control Number: 17/430,083
`Art Unit: 1721
`
`Page 4
`
`an equation from which the standard deviation o can be calculated
`
`(paragraph 11). Kaseda, however, fails to teach a coarse primary particle
`
`larger than d+6o.
`
`Furthermore, the chance of one of Kaseda’s secondary particles randomly
`
`having a coarse primary particle, with a size larger than d+6o, is
`
`0.0000002%(2 in a billion)".
`
`Kaseda’s also describes a core-shell structure for the positive electrode
`
`material, with the above described secondary particles inside the core 2
`
`(paragraphs 47 & 137-138 and claim 22). The shell includes many small
`
`particles, and the core looks like a coarse particle with a size much larger
`
`than the average (figures 1-2). Nevertheless, there is no teaching in
`
`Kaseda’s specification for size, or for standard deviation of the shell and
`
`core.
`
`Kaseda’s figures mightillustrate the claim limitation of d+6o0; however, it
`
`would be impermissible to rely on the figures for dimensions:
`
`“When the reference does not disclose that the drawings are to scale
`and is silent as to dimensions, arguments based on measurement of
`the drawing features are oflittle value. See Hockerson-Halberstadt,
`Inc. v. Avia Group Int, 222 F.3d 951, 956, 55 USPQ2d 1487, 1491
`(Fed. Cir. 2000) (The disclosure gave no indication that the drawings
`were drawn toscale. ‘[I]t is well established that patent drawings do
`not define the precise proportions of the elements and may not be
`relied on to show particular sizes if the specification is completely
`silent on the issue.’).”
`MPEP 2125 II.
`
`1 https://nox.im/posts/2021/1230/the-probability-of-six-sigma-events/
`* https://www.sixsigmaonline.org/six-sigma-standard-deviation/
`
`

`

`Application/Control Number: 17/430,083
`Art Unit: 1721
`
`Page 5
`
`Claims 2-8 are allowed due to their dependence on claim 1.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications
`
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`

`

`Application/Control Number: 17/430,083
`Art Unit: 1721
`
`Page 6
`
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`/R.G.W./
`
`Examiner, Art Unit 1721
`
`/CHRISTIAN ROLDAN/
`Primary Examiner, Art Unit 1723
`
`