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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/442,219
`
`09/23/2021
`
`Takashi Ko
`
`P210860US00
`
`3719
`
`WHDA,LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`GREENE, PATRICK MARSHALL
`
`1724
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/06/2024
`
`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*
`1-6 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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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) 1-6 is/are rejected.
`(] 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) The drawing(s) filed on 09/13/2021 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)Y) 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. |
`3.2.) 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 10/14/2021.
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240429
`
`Application No.
`Applicant(s)
`17/442,219
`Ko etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`PATRICK M GREENE
`1724
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 09/13/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) 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)(2) 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: 17/442,219
`Art Unit: 1724
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`In the event the determination of the status of the application as subject to ATA 35 U.S.C.
`
`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis (1.e., changing from AIAto pre-AIA)for the rejection will not be considered a
`
`new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same undereitherstatus.
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A personshall 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 effective filing date of the claimed invention.
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for
`patent published or deemed published under section 122(b), in which the patent or application, as the
`case may be, names another inventor and waseffectively filed before the effective filing date of the
`claimed invention.
`
`4.
`
`Claim(s) 1 — 3 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by
`
`You, US20180241073A1
`
`Regarding claim 1, You teaches a nonaqueouselectrolyte secondary battery comprising [0002]:
`
`an electrode body including a positive electrode, a negative electrode, and a separator;
`
`and a nonaqueouselectrolyte, (cathode, anode, electrolyte)[005 1]
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 3
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`wherein the positive electrode (cathode active material)[0021] containsat least a positive
`
`electrode active material A,
`
`the positive electrode active material A includes: a lithium transition metal composite
`
`oxide represented by a general formula of LiaNibCocMndAlcMfOg(in the formula, M is atleast
`
`one element selected from the groups IV, V, and VI, and 0.8<a<1.2, b>0.82, 0<c<0.08,
`
`0.05<d<0.12, 0<e<0.05, 0.01<f<0.05, and 1<g<2 are satisfied) in the form ofparticles (core
`
`particles)[0022];
`
`a first layer composedof a lithium metal compound represented by a general formula of
`
`LixMyOz(in the formula, 1<x<4, 1<y<5, and 1<z<12 are satisfied) and formed on each particle
`
`surface of the lithium transition metal composite oxide (shell)[0025]; and
`
`a second layer (inorganic coating layer)[0020] composed of a boron compound[0030]
`
`and formed onthefirst layer (formed on the shell)[0020], and the first layer is formed over the
`
`entire particle surface of the lithium transition metal composite oxide (core and shell
`
`structure)[0020] without the second layer being interposed therebetween
`
`Regarding claim 2, You teaches the nonaqueouselectrolyte secondary battery according to
`
`claim 1, wherein the second layer covers the entire region of the first layer (inorganic coating
`
`covering the shell)[0020]
`
`Regarding claim 3, You teaches the nonaqueouselectrolyte secondary battery according to
`
`claim 1, wherein M in the general formula represents at least one selected from Ti, Nb, W, and
`
`Zr [0025].
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 4
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`Claim Rejections - 35 USC § 103
`
`5.
`
`In the event the determination of the status of the application as subject to ATA 35 U.S.C.
`
`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis (1.e., changing from AIAto pre-AIA)for the rejection will not be considered a
`
`new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the sameundereitherstatus.
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which formsthebasis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe 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 obviousbefore 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 mannerin which the invention was made.
`
`7.
`
`The factual inquiries for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`8.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`ownedasofthe effective filing date of the claimed invention(s) absent any evidenceto the
`
`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
`
`effective filing dates of each claim that was not commonly ownedasofthe effective filing date
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 5
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`of the later invention in order for the examinerto consider the applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
`
`9.
`
`Claims 1 — 3 are rejected under 35 U.S.C. 103 as being unpatentable overIto,
`
`US$20180212233A1, and Park, US20220029145A1
`
`Regarding claim 1, Ito teaches a nonaqueouselectrolyte secondary battery comprising [0002]:
`
`an electrode body including a positive electrode, a negative electrode, and a separator;
`
`and a nonaqueouselectrolyte, (cathode, anode, electrolyte)[0022]
`
`wherein the positive electrode (cathode active material (100))[0050] containsat least a
`
`positive electrode active material A,
`
`the positive electrode active material A includes: a lithium transition metal composite
`
`oxide represented by a general formula of LiaNibCocMndAlcMfOg(in the formula, M is atleast
`
`one element selected from the groups IV, V, and VI, and 0.8<a<1.2, b>0.82, 0<c<0.08,
`
`0.05<d<0.12, 0<e<0.05, 0.01<f<0.05, and 1<g<2 are satisfied) in the form ofparticles (core
`
`particles)[0058 ][0059];
`
`a first layer composedof a lithium metal compound represented by a general formula of
`
`LixMyOz(in the formula, 1<x<4, 1<y<5, and 1<z<12 are satisfied) and formed on each particle
`
`surface of the lithium transition metal composite oxide (first coating layer (102))[0073]; and
`
`a secondlayer (second coating layer (103)) [0081] and formed onthefirst layer [fig. 2],
`
`and the first layer (102) is formed overthe entire particle surface of the lithium transition metal
`
`composite oxide (core (101)) without the second layer (103) being interposed therebetween[fig.
`
`2).
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 6
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`Ito does not teach the second layer to be composedof a boron compound.
`
`Park teaches a secondary battery [0002] wherein a positive electrode material includes a
`
`lithium transition metal oxide [0039] and a coating layer formed on the lithium compound [0047]
`
`wherein the coating layer comprises boron [0047]. Further, Park teaches that the boron
`
`containing layer improveslifespan and output properties of the battery. Then, it would have been
`
`obvious to form the second coating layer of Ito with the boron compound of Park to improvethe
`
`lifespan properties of the battery.
`
`Regarding claim 2, combinedIto teaches the nonaqueouselectrolyte secondary battery
`
`according to claim 1.
`
`Further, Ito teaches wherein the second layer covers the entire region ofthe first layer
`
`[fig. 2]
`
`Regarding claim 3, combinedIto teaches the nonaqueouselectrolyte secondary battery
`
`according to claim 1.
`
`Further, Ito teaches wherein M in the general formula represents at least one selected
`
`from Ti, Nb, W, and Zr [0073]
`
`10.
`
`‘Claims4 - 6 are rejected under 35 U.S.C. 103 as being unpatentable over You,
`
`US20180241073A1 as applied to claim 1 above, and further in view of Kim,
`
`US20190221829A1.
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 7
`
`Regarding claims 4, You teaches the nonaqueouselectrolyte secondary battery according to
`
`claim 1.
`
`You does not teach wherein the positive electrode contains the positive electrode active
`
`material A and a positive electrode active material B,
`
`the positive electrode active materials A and B are each secondary particles composed of
`
`aggregated primary particles
`
`an average primary particle diameter of the positive electrode active material B is 0.5 um
`
`or more andis larger than an average primary particle diameter of the positive electrode active
`
`material A, and
`
`an average secondary particle diameter of the positive electrode active material B is 2 to
`
`7 um andis smaller than an average secondary particle diameter of the positive electrode active
`
`material A.
`
`Kim teaches a lithium secondary battery [0002] comprisesa first and second positive
`
`electrode material wherein both the first and second material comprises a lithium transition metal
`
`oxide core having a boron containing compoundlayer coated thereon [0050][0068]. Further,
`
`Kim teachesthe first and second positive electrode material to have different primary particle
`
`and secondary particle sizes (3 — 25 um)(3 — 10 um)[0049][0067] wherein having a mixture of
`
`two different particle sizes increases electrical and mechanicalstability [0009]. Then, it would
`
`have been obvious to combine the teachings for mixing two cathode materials having different
`
`particles sizes with the coated particles of Kim to further improve mechanicaland electrical
`
`stability.
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 8
`
`Regarding claim 5, You teaches teaches the nonaqueouselectrolyte secondary battery according
`
`to claim 4,
`
`Further, You teaches wherein the positive electrode active material B includes a surface
`
`layer formed on a surface of each of the secondary particles (shell)[0025],
`
`the surface layer is composed ofa lithium metal compoundrepresented by a general
`
`formula of LixMyOz (in the formula, 1<x<4, 1<y<5, and 1<z<12 are satisfied[0025], and
`
`Yu does not teach a content of the surface layer in the positive electrode active material
`
`B is lowerthan a content ofthe first layer in the positive electrode active material A.
`
`However, the surface content of surface layers applied to the positive electrode materials
`
`(ie. Thickness of layer) is known to be a balance of conductivity properties, capacity, and
`
`stability [0034]. Then, it would have been obvious to modify the amount of surface layer in the
`
`positive electrode material to arrive a the claimed relationship as a matter of routine
`
`optimization.
`
`Regarding claim 6, Yu teaches teaches the nonaqueouselectrolyte secondary battery according
`
`to claim 5,
`
`Further, Yu teaches wherein the positive electrode active material B includes a second
`
`surface layer formed on the surface layer, and the second surface layer is composedof a boron
`
`compound (inorganic coating layer)[0020][0030].
`
`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 9
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`Conclusion
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PATRICK M GREENEwhosetelephone numberis (571)270-
`
`1340. The examiner can normally be reached M-F 8-5.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`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, Miriam Stagg can be reached on (571)270-5256. The fax phone numberfor the
`
`organization wherethis 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:
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`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more
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`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/PATRICK MARSHALL GREENE/
`Examiner, Art Unit 1724
`/BRIAN R OHARA/
`Examiner, Art Unit 1724
`
`