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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/24/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are not found persuasive because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Status of Application
Claims 1-7 are currently pending. Claims 4-7 are withdrawn. Claim 1 is currently amended.
Claim Rejections - 35 USC § 103
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 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.
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.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to 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 owned as of the effective filing date of the later invention in order for the examiner to 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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Motoaki (WO2017199891A1, US equivalent US20190165360A1 was used for citation), in view of Toya (US 20140106228A1, previously cited).
Regarding claim 1, Motoaki discloses a positive electrode active material for a lithium ion secondary battery (title) containing a lithium metal composite oxide (i.e., Li1.025Ni0.88Co0.09Al0.03O2 in Example 1 [0102]), wherein the subscripts fall within the claimed ranges and Al is one of the claimed element M.
Motoaki, in Examples 1-7, does not explicitly disclose wherein a thickness of a NiO layer is 200nm or less when a particle of the lithium metal composite oxide during charging at 4.3V (vs. Li+/Li) is observed by Scanning Transmission Electron Microscope-Electron Dispersive X-Ray Spectrometer, as claimed.
In this regard, [PG Pub 0034] of the instant application discloses a correlation between the thickness of the NiO layer and the amount of oxygen released from the positive electrode active material during charging, wherein the amount of oxygen released is controlled by particle characteristics [PG Pub 0020].
The instant application discloses wherein the average particle diameter is preferably 5 μm or more and 20 μm or less [PG Pub 0041]. In this regard, Motoaki discloses wherein the average particle diameter of Example 1 is 12.5 μm [0102], which fall within the disclosed range of the instant application.
The instant application further discloses wherein [(d90−d10)]/mean volume particle diameter] is preferably 0.80 or more, more preferably 0.85 or more, and even more preferably 0.90 or more [0045] to provide excellent filling ability and excellent energy density [0046]. In this regard, Motoaki discloses wherein[(d90−d10)]/mean volume particle diameter] is 0.80 [0102], which falls within the disclosed range.
Thus, since the lithium metal composite oxide of Motoaki possesses the claimed composition within the claimed molar amount, with average particle size and particle size distribution that fall within the ranges disclosed in the instant application, when the lithium composite oxide of Motoaki is observed by Scanning Transmission Electron Microscope-Energy dispersive X-ray Spectroscopy during charging at 4.3 V (vs. Li+/Li), a person having ordinary skill in the art would envisage the thickness of a NiO layer to fall within the claimed range of 200nm or less.
Further, the instant application discloses wherein the lithium metal composite oxide is incorporated into a 2032-type coin battery and subjected to charging at 4.3V [PG Pub 0143], wherein a 40 nm-thick NiO layer was formed [PG Pub 0146], wherein the battery includes a positive electrode, a negative electrode, a separator, and an electrolyte ([0137-0138], Fig 1), wherein 52.5mg of the positive electrode active material, 15 mg of acetylene black, and 7.5 mg of PTEE were mixed and the mixture was press-formed at a pressure of 100 MPa so as to be a diameter of 11 mm and a thickness of 100 μm, and dried in a vacuum dryer at 120° C. for 12 hours [PG Pub 0141]. The instant application further discloses wherein a lithium metal having a diameter of 17mm and a thickness of 1 mm was used as the negative electrode [PG Pub 0142]. The instant application further discloses wherein an equal volume mixture of ethylene carbonate (EC) and diethyl carbonate (DEC) using 1M of LiClO4 was used for the electrolyte [0142]. Further, a polyethylene porous membrane having a thickness of 25 μm was used as the separator.
Motoaki also discloses that the lithium metal composite oxide is incorporated into a 2032-type coin battery subjected to charging at 4.3 V [0098], wherein the battery includes a positive electrode, a negative electrode, a separator, and an electrolyte solution [0095], wherein 52.5 mg of a positive electrode active material for nonaqueous electrolyte secondary batteries, 15 mg of acetylene black, and 7.5 mg of polytetrafluoroethylene resin (PTFE) were mixed, and press-formed at a pressure of 100 MPa to be 11 mm in diameter and 100 μm in thickness, dried in a vacuum dryer at 120 ° C for 12 hours [0095]. Motoaki further discloses wherein an anode sheet having a diameter of 14mm was used [0096], and further discloses wherein a mixture solution of ethylene carbonate (EC) and diethyl carbonate (DEC) using 1M LiClO4 was used for the electrolyte [0096]. Further, a porous polyethylene film having a film thickness of 25 μm was used as the separator [0096].
Therefore, although Motoaki does not explicitly disclose a NiO layer thickness, since the lithium metal composite oxide of Motoaki discloses the claimed composition, particle size, particle size distribution, as well as the 2032-type coin battery comprising the lithium metal composite oxide, a person having ordinary skill in the art would envisage that when the lithium metal composite oxide of Motoaki is observed by Scanning Transmission Electron Microscope-Energy dispersive X-ray Spectroscopy during charging at 4.3 V (vs. Li+/Li), the thickness of a NiO layer would fall within the claimed range of 200nm or less.
Motoaki does not disclose a specific surface area and further does not disclose that the specific surface area is “1.35 m2/g or more and 2.0m2/g or less” as claimed.
In this regard, Toya also teaches a positive electrode active material for a lithium ion secondary, represented as Li1+uMxWsAtO2, wherein M is at least one transitional metal selected from Ni, Co, and Mn and A is at least one additive element selected from transitional metal elements other than M and W, group 2 elements and group 13 elements [Toya 0213-0217] (e.g., Li1.02Ni0.816Co0.149Al0.030W0.005O2 [Toya 0376]). Toya discloses that Al is preferred as the additive element to improve thermal stability of the positive electrode active material [0233 Toya]. Toya further teaches wherein the positive electrode active material has a specific surface area of 0.5 to 2.0 m2/g, which encompasses the claimed range of “1.35 m2/g or more and 2.0m2/g or less”.
When the surface area is less than 0.5m2/g, the positive electrode active material has a smaller contact area with an electrolyte solution, thereby reducing reaction surface area and increasing a positive electrode resistance. On the other hand, when a specific surface area is more than 2.0 m2/g, the positive electrode active material excessively contacts with an electrolyte solution, lowering thermal stability [0228 Toya].
Thus, a person having ordinary skill in the art would have been motivated to modify the positive electrode active material of Motoaki, such that it has a specific surface area in the encompassed range of “1.35 m2/g or more and 2.0m2/g or less” with a reasonable expectation to provide sufficient reaction surface area between the positive electrode active material and the electrolyte solution and thermal stability [0228 Toya].
Regarding claim 2, modified Motoaki teaches the positive electrode active material for a lithium ion secondary battery according to claim 1, wherein the average mean diameter is 12.5 µm [Motoaki 0102], which falls within the claimed range of 5 µm or more and 20 µm or less.
Regarding claim 3, modified Motoaki teaches the positive electrode active material for a lithium-ion secondary battery according to claim 1, wherein the positive electrode active material is made by a method in which a nickel composite hydroxide obtained by a crystallization method or a nickel composite oxide obtained by oxidizing-roasting of the nickel composite hydroxide is mixed with the lithium compound, which is then followed by firing the resulting mixture [Motoaki 0069]. However, Motoaki does not explicitly disclose wherein the element M (i.e., Al) is “either uniformly distributed inside secondary particles of the lithium metal composite oxide or uniformly coated on surfaces of the secondary particles” as claimed.
In this regard, Toya teaches wherein the positive electrode active material comprises an additive element A, wherein the additive element A is preferably Al to improve thermal stability of the positive electrode active material [Toya 0233]. Toya further teaches that the additive element is uniformly distributed on the surfaces or the inside of the positive electrode active material particles so that effects such as improved thermal stability, durable characteristics, and output characteristics can be achieved in the whole particles [Toya 0233, 0236]. Therefore, it would have been obvious for a person having ordinary skill in the art to have modified the positive electrode active material of Motoaki, such that the aluminum (i.e., claimed element M) is uniformly distributed on the surfaces or the inside of the positive electrode active material particles, with a reasonable expectation to improve thermal stability, durable characteristics, and output characteristics throughout the positive electrode active material particles [Toya 0233, 0236].
Conclusion
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 3/5/2026