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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
`
`11/08/2024
`
`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)
`
`

`

`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 08/05/2024.
`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) 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.
`
`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)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)7) 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)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) 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)
`
`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 20241104
`
`

`

`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
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`first inventorto file provisions of the AJA.
`
`Response to Arguments
`
`The following is in response to the applicant’s remarksfiled 08/05/2024.
`
`The applicant submits that the newly amendedlimitations of claim 1 overcome both the
`
`102 and 103 rejections of the previous office action.
`
`The examiner agrees, and the previous rejections are withdrawn.
`
`Claim Rejections - 35 USC § 103
`
`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
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`statutory basis (1.e., changing from AJA to pre-AIA)for the rejection will not be considered a
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`new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection,
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`would be the sameundereitherstatus.
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding that the claimed inventionis 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.
`
`4.
`
`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 prior art.
`
`

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`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 3
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`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
`
`5.
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`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
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`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
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`effective filing dates of each claim that was not commonly ownedasofthe effective filing date
`
`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.
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`6.
`
`Claim(s) 1 — 3 are rejected under 35 U.S.C. 103 by You, US20180241073A1, and
`
`Kuroda, US20220059834A1.
`
`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]
`
`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 at least
`
`one element selected from the groups IV, V, and VI, and 0.8<a<1.2, b>0.82, 0<c<0.08,
`
`

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`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 4
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`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 compoundrepresented by a general formula of
`
`LixMyOz(in the formula, M is at least one element selected from the groups IV, V, and VI,
`
`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
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`entire particle surface of the lithium transition metal composite oxide (core and shell
`
`structure)[0020] without the second layer being interposed therebetween
`
`You does not teach wherein the lithium metal compound lacks cobalt.
`
`Kurodateaches a secondary battery comprising a positive electrode [0007] wherein the
`
`positive electrode contains a positive electrode active material including a lithium transition
`
`metal composite oxide particle [0010] wherein a first layer composed of a lithium metal
`
`compoundrepresented by a general formula of LixMyOz(in the formula, M is at least one
`
`element selected from the groups IV, V, and VI, 1<x<4, 1<y<5, and 1<z<12 are satisfied) and
`
`formed on eachparticle surface of the lithium transition metal composite oxide [0124][0126]
`
`wherein the lithium metal compound lacks cobalt (compositions not comprising
`
`cobalt)[0124][0126]. The compositions of Kuroda and You and are knownin theart, and it
`
`would have been obviousto substitute the composition of Kuroda with the composition of You
`
`as a simple substitution of known components.
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`

`

`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 5
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`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].
`
`7.
`
`Claims4 - 6 are rejected under 35 U.S.C. 103 as being unpatentable over You,
`
`US20180241073A1 and Kuroda, US20220059834A1 as applied to claim | above, and further in
`
`view of Kim, US20190221829A1.
`
`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
`
`

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`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 6
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`an average secondary particle diameter of the positive electrode active material B is 2 to
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`7 wmand is smaller than an average secondaryparticle 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.
`
`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
`
`

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`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 7
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`stability [0034]. Then, it would have been obvious to modify the amount of surface layer in the
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`positive electrode material to arrive a the claimed relationship as a matter of routine
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`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].
`
`Conclusion
`
`1.
`
`THIS ACTION IS MADEFINAL.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
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened statutory 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 MONTHSfrom the mailing
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`date of this final action.
`
`

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`Application/Control Number: 17/442,219
`Art Unit: 1724
`
`Page 8
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`8.
`
`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, 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, 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
`
`