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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 5th, 2026 has been entered.
Claim Status
Claims 1, 8, and 10-12 are under examination.
Claims 2-7, and 9 are canceled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claim 1 is objected to because of the following informalities:
“M2 is W, or W and at least one selected from Mn, P, Sr, Ba, B, Ti, Zr, Al, Hf, Ta, Mg, V, Zn, Si, Y, Sn, Ge, Nb, W and Cu”, however W is already positively required, therefore the examiner will interpret the claim as --M2 is W, or W and at least one selected from Mn, P, Sr, Ba, B, Ti, Zr, Al, Hf, Ta, Mg, V, Zn, Si, Y, Sn, Ge, Nb, and Cu--.
Appropriate correction is required.
Withdrawn Claim Rejections - 35 USC § 112
The amendments to the claims filed on January 15th, 2026 are acknowledged and the previous claim rejections are withdrawn.
Claim Rejections - 35 USC § 103
Claims 1, 8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over by Kim et al. (U.S. PGPub US 2012/0141873 A1), hereinafter Kim, in view of Shin et al. (U.S. PGPub US 2018/0294477 A1), hereinafter Shin, in view of Park et al. (U.S. PGPub US 2017/0179484 A1), hereinafter Park.
Regarding claim 1, Kim discloses a positive electrode active material, comprising: a first compound (i.e., lithium nickel-based composite oxide(s), etc., Example 1, [0072], Example 4, [0075], also see [0014], [0035]-[0036], [0046]-[0047], Fig. 1).
Kim further discloses second compounds (i.e., LiCoPO4 and Co3(PO4)2, Example 1, [0072], Example 4, [0075], also see [0032]-[0034]), which at least provides said second compound(s) are represented by Formula 3, such that (with regards to LiCoPO4) a = 1, b = 1, c = 0 (i.e., M3 is not present), β = 1, γ = 4, d = 1 and (with regards to Co3(PO4)2) a = 0, b = 3, c = 0 (i.e., M3 is not present), β = 1, γ = 4, d = 2, which are values within the claimed ranges for the claimed Formula 2 (MPEP 2131.03, I.).
Since Kim discloses LiCoPO4 as discussed above this at least provides the second compounds comprise a cobalt-containing phosphate.
Furthermore, since Kim discloses in [0072] a positive active material in which LiCoPO4 and Co3(PO4)2 were coated on the surface of the lithium nickel-based composite oxide (also see [0014], [0016], [0030]-[0034], [0075], Fig. 1), this at least provides the second compounds (e.g., LiCoPO4 and Co3(PO4)2 as discussed above) are contained in a coating layer present at least on a part of the surface of the first compound.
Although Kim is silent to as to whether the first compound as represented by the aforementioned formula (at least Formula 1 as discussed above) enables lithium intercalation/deintercalation, since Kim discloses that the first compound is a positive electrode active material for a secondary battery (Example 1, Example 13, [0080]-[0082]), Kim necessarily possesses that the first compound enables lithium intercalation/deintercalation so as provide a functioning positive electrode active material for a secondary battery.
Since Kim discloses (i.e., LiCoPO4 and Co3(PO4)2, Example 1, [0072], Example 4, [0075], also see [0032]-[0034]) as discussed above, this at least provides the second compounds comprise a first oxide represented by Formula 3 below and a second oxide represented by Formula 4 below, such that (with regards to LiCoPO4) a’ = 1, b’ = 1, c’ = 0 (i.e., M3 is not present), β’ = 1, γ’ = 4, d’ = 1 is at least a first oxide represented by Formula 3, and (with regards to Co3(PO4)2) b” = 3, c” = 0 (i.e., M3” is not present), β” = 1, γ” = 4, d” = 2 is at least a second oxide represented by Formula 4, which are values within the claimed ranges for the claimed Formulas 3 and 4, respectively (MPEP 2131.03, I.).
Since Kim discloses the first oxide (e.g., LiCoPO4, MWLiCoPO4 = 160.85 g/mol) and second oxide (e.g., Co3(PO4)2, MWCo3PO4 = 366.74 g/mol) as discussed above, and further discloses in Example 4, etc., 0.02 g LiCoPO4 and 0.011 g Co3(PO4)2, which is a molar ratio of the first oxide/second oxide in the coating layer is 0.000124 moles of LiCoPO4 (0.02 g LiCoPO4/ MWLiCoPO4) divided by 0.000027 moles of Co3(PO4)2 (0.01g Co3(PO4)2 / MWCo3PO4) = 4.59, this at least provides a value that is within the claimed range of a molar ratio of the first oxide/second oxide in the second compound present in the coating layer is 0.87 or more, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Since Kim discloses LiCoPO4 and Co3(PO4)2 were coated on the surface as discussed above, this at least provides second compounds consist of a compound having a monoclinic crystal structure and a compound having an orthorhombic crystal structure, etc., such that the crystal structures of Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4), Co3(PO4)2, etc., are orthorhombic or monoclinic crystal structures that possess space groups Pnma, P21/c, etc., as evidenced by the instant specification in at least Table 14).
However, Kim is silent as to a first compound represented by Formula 1, where M2 is W, or W and at least one selected from Mn, P, Sr, Ba, B, Ti, Zr, Al, Hf, Ta, Mg, V, Zn, Si, Y, Sn, Ge, Nb, W and Cu; and 0.5≤w≤1.5, 0≤x≤0.5, 0≤y≤0.2, 0<z≤0.2, 0≤α≤0.02, wherein the first compound contains tungsten in its crystal lattice. Furthermore, Kim is silent as to at least one of the second compounds is LiPO3.
Shin teaches a positive electrode active material for secondary battery, and secondary battery including the same (Title). Shin further teaches a positive electrode active material that includes a core including a lithium composite metal oxide of formula LiaNi1-x-yCoxM1yM3zM2wO2 (i.e., first compound), whereby M1 is at least any one selected from the group consisting of Al and Mn, M2 is any one or at least two elements selected from the group consisting Zr, Ti, Mg, Ta, and Nb, and M3 is any one or at least two elements selected from the group consisting of W, Cr, etc., and 1.0≤a≤1.5, 0<x≤0.5, 0<y≤0.5, 0.002≤z≤0.03, 0≤w≤0.02, 0<x+y≤0.7 ([0023]-[0024]). Shin further teaches a positive electrode active material that has a core LiNi0.6Mn0.2Co0.2O2W0.005—LimWO(m+n)/2 such that the LimWO(m+n)/2 is the first surface-treated layer ([0025], [0159], Example 1-1), which at least provides said first compound is represented by Formula 1, such that w = 1.00, x = 0.2, y = 0.2 (i.e., M1 is present and is Mn from the group), z = 0.005 (i.e., M2 is present and is W), α = 0, which is within the claimed ranges of 0.5≤w≤1.5, 0≤x≤0.5, 0≤y≤0.2, 0<z≤0.2, 0≤α≤0.02 (MPEP 2131.03, I.).
Shin further teaches in the crystal structure of the positive electrode active material, M3 may substitute some of Ni, Co or M1 to be present at the position where the substituted elements should be located, etc., whereby when M3 is W, M3 may be excellent in terms of improvement of output characteristics, etc. ([0059]), thus reading on “the first compound contains tungsten in its crystal lattice”. Shin further teaches in [0011] a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of Shin, whereby the positive electrode active material including the first compound as disclosed by Kim further includes tungsten in its crystal lattice (i.e., M3 may substitute some of Ni, Co or M1 to be present at the position where the substituted elements should be located) as taught by Shin, such that when M3 is W, M3 may be excellent in terms of improvement of output characteristics so as to provide a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
Furthermore, the skilled artisan would appreciate that since Shin teaches a positive electrode active material that includes a core including a lithium composite metal oxide of formula LiaNi1-x-yCoxM1yM3zM2wO2 (i.e., first compound), whereby M1 is at least any one selected from the group consisting of Al and Mn, M2 is any one or at least two elements selected from the group consisting Zr, Ti, Mg, Ta, and Nb, and M3 is any one or at least two elements selected from the group consisting of W, Cr, etc., as discussed above, that this is at least commensurate in scope with that disclosed by Kim in [0035]-[0036], such that when M’ is at least one metal selected from the group consisting of Al, Ni, Co, Mn, Cr, etc., the skilled artisan would appreciate simply substituting W for Cr (for example) so as to provide a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
However, as discussed above the combined teachings of Kim and Shin are silent as to at least one of the second compounds is LiPO3.
Park teaches a cathode active material, cathode and lithium battery including the same, and method of preparing the cathode active material (Title). Park further teaches in [0040] a coating layer on at least a portion of the core, whereby the coating layer includes a composite including a metal oxide compound and a phosphate compound, whereby the metal oxide compound is at least one compound selected from a lithium metal oxide and a metal oxide, the phosphate compound is at least one compound selected from a lithium phosphate, a lithium metal phosphate, and a metal phosphate, etc. Park further teaches in [0055]-[0056] the lithium metal phosphate and metal phosphate may be at least one compound selected from a compound represented by Formula 2 such as Li1-y(M1)PO4, whereby in Formula 2, y may satisfy 0≤y≤1, and M1 may be at least one metal element selected from Co, etc., and further discloses in [0054] the lithium phosphate may include at least one compound selected from LiPO3, etc., which at least provides said second compound(s) are represented by Formula 3, such that (with regards to Li1-y(M1)PO4, where M1 = Co, 0≤y≤1) a’ = 0 to 1, b’ = 1, c’ = 0 (i.e., M3 is not present), β’ = 1, γ’ = 4, d’ = 1 and (with regards to LiPO3) a’ = 1, b’ = 0, c’ = 0 (i.e., M3 is not present), β’ = 1, γ’ = 3, d’ = 1, which are values within the claimed ranges for the claimed Formulas 3 and 4 (MPEP 2131.03, I.).
Since Park teaches in at least one or more embodiments Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4) and further teaches LiPO3 included in a coating layer on at least a portion of the core as discussed above, this at least provides a second compound consists of a monoclinic crystal structure, such that LiPO3 has a P*/n space group and monoclinic crystal structure as evidenced by the instant specification in at least Table 14).
Park further teaches in [0008] a novel cathode active material with improved battery capacity, rate characteristics, and lifespan characteristics.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Kim and Shin with the teachings of Park, whereby the positive electrode active material including the first compound, second compounds, etc., as disclosed by the combined teachings of Kim and Shin further includes LiPO3 included in a coating layer on at least a portion of the core as taught by Park so as to provide a novel cathode active material with improved battery capacity, rate characteristics, and lifespan characteristics.
Furthermore, the skilled artisan would appreciate that since Kim discloses the first oxide (e.g., LiCoPO4, MWLiCoPO4 = 160.85 g/mol) and second oxide (e.g., Co3(PO4)2, MWCo3PO4 = 366.74 g/mol) as discussed above, and a molar ratio of the first oxide/second oxide in the coating layer is 4.59, which at least provides a value that is within the claimed range of a molar ratio of the first oxide/second oxide in the second compound present in the coating layer is 0.87 or more as discussed above, the skilled artisan would appreciate that further including LiPO3 in a coating layer on at least a portion of the core as taught by Park would also meet the claimed range so as to provide a novel cathode active material with improved battery capacity, rate characteristics, and lifespan characteristics.
Furthermore, the skilled artisan would appreciate the combined teachings of Kim and Shin and Park, such that since Kim discloses LiCoPO4 and Co3(PO4)2 were coated on the surface as discussed above, and Park teaches in at least one or more embodiments Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4) and further teaches LiPO3 included in a coating layer on at least a portion of the core as discussed above, this at least provides the second compounds consist of a compound having a monoclinic crystal structure and a compound having an orthorhombic crystal structure, such that the crystal structures of Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4), Co3(PO4)2 and LiPO3 that are orthorhombic or monoclinic possess space groups Pnma, P21/c and P*/n as evidenced by the instant specification in at least Table 14).
Regarding claim 8, Kim discloses the positive electrode active material as discussed above in claim 1. However, Kim is silent as to the x+y+z of Formula 1 is 0.2 or less.
The combined teachings of Kim and Shin and Park disclose the positive electrode active material as discussed above in claim 1.
Shin further teaches a positive electrode active material that includes a core including a lithium composite metal oxide of formula LiaNi1-x-yCoxM1yM3zM2wO2 (i.e., first compound), whereby M1 is at least any one selected from the group consisting of Al and Mn, M2 is any one or at least two elements selected from the group consisting Zr, Ti, Mg, Ta, and Nb, and M3 is any one or at least two elements selected from the group consisting of W, Cr, etc., and 1.0≤a≤1.5, 0<x≤0.5, 0<y≤0.5, 0.002≤z≤0.03, 0≤w≤0.02, 0<x+y≤0.7 ([0023]-[0024]), this at least provides a range of values that overlap and/or encompass the claimed range of x+y+z of Formula 1 is 0.2 or less, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Kim and Shin and Park further with the teachings of Shin, whereby the positive electrode active material including the first compound as disclosed by Kim further includes tungsten in its crystal lattice (i.e., M3 may substitute some of Ni, Co or M1 to be present at the position where the substituted elements should be located) as taught by Shin, such that when M3 is W, M3 may be excellent in terms of improvement of output characteristics so as to provide a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
Regarding claims 11-12, Kim discloses a positive electrode comprising the positive electrode active material of claim 1 (Example 1, [0072], Examples 13, [0080]-[0082]). Kim further discloses a lithium secondary battery using the positive electrode of claim 11 (Example 1, Example 13, [0080]-[0082]).
Regarding claim 10, Kim discloses the positive electrode active as discussed above in claim 1. However, Kim is silent as to further comprising a third compound represented by Formula 5 below on at least a part of the surface of the first compound
The combined teachings of Kim and Shin and Park disclose the positive electrode active material as discussed above in claim 1. Shin teaches a positive electrode active material for secondary battery, and secondary battery including the same (Title). Shin further teaches in [0023] a first surface-treated layer positioned on the surface of the core, and including a lithium oxide of Formula 2, whereby in [0025] Formula 2 is LimM4O(m+n)/2 (i.e., at least a third compound), whereby M4 is any one or at least two elements selected from the group consisting of W, Mo, Cr, etc., 2≤m≤6, and n is an oxidation number of M4 ([0025]). Shin further teaches in [0032] when M4 in Formula 2 is W, the compound of Formula 2 may be Li2WO4, Li4WO5, Li6WO6 ([0032], Examples 1-1, 1-2), whereby when g = 0 in the claimed Formula 5 (i.e., M4 is not present), the formula becomes LieWfOh such that Li2WO4, Li4WO5, Li6WO6 provides e = 2 or 4 or 6, f = 1 and h = 4 or 5 or 6, respectively, which are values within the claimed ranges of 0≤e≤10, 0<f≤8, 0≤g≤8 and 2≤h≤13 (MPEP 2131.03, I.). Shin further teaches in [0035] the lithium oxide of Formula 2 included in the first surface-treated layer prevents the positive electrode active material from being dissolved in the electrolytic solution by reacting with the electrolytic solution-derived hydrofluoric acid during charging and discharging. Shin further teaches in [0011] a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Kim and Shin and Park with the teachings of Shin, whereby the positive electrode active material including the first compound as disclosed by the combined teachings of Kim and Shin and Park further includes a third compound (i.e., Li2WO4, Li4WO5, Li6WO6 as discussed above) on at least a part of the surface of the first compound as taught by Shin, so as to prevent the positive electrode active material from being dissolved in the electrolytic solution by reacting with the electrolytic solution-derived hydrofluoric acid during charging and discharging, thereby providing a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
Response to Arguments
Applicant's arguments filed January 15th, 2026 have been fully considered but they are not persuasive.
Rejection Under 35 U.S.C. 103
Applicants argue Page 4, “1. The combination of cited references would inevitably form crystal structures other than the monoclinic or orthorhombic crystal structure recited in amended independent claim 1.” Applicants further argue Page 5, “The cited references fail to explicitly disclose the above features.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C 103 rejection of record, Since Kim discloses LiCoPO4 and Co3(PO4)2 were coated on the surface as discussed above, this at least provides second compounds consist of a compound having a monoclinic crystal structure and a compound having an orthorhombic crystal structure, etc., such that the crystal structures of Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4), Co3(PO4)2, etc., are orthorhombic or monoclinic crystal structures that possess space groups Pnma, P21/c, etc., as evidenced by the instant specification in at least Table 14). Furthermore, the skilled artisan would appreciate the combined teachings of Kim and Shin and Park, such that since Kim discloses LiCoPO4 and Co3(PO4)2 were coated on the surface as discussed above, and Park teaches in at least one or more embodiments Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4) and further teaches LiPO3 included in a coating layer on at least a portion of the core as discussed above, this at least provides the second compounds consist of a compound having a monoclinic crystal structure and a compound having an orthorhombic crystal structure, such that the crystal structures of Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4), Co3(PO4)2 and LiPO3 that are orthorhombic or monoclinic possess space groups Pnma, P21/c and P*/n as evidenced by the instant specification in at least Table 14).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant further argues Pages 5-6, “the preparation method in Kim would inevitably form a compound having a cubic or rhombohedral crystal structure in a coating due to a relatively high temperature, etc.”
The examiner respectfully asserts that arguments related to the method of preparation are not commensurate in scope with the product as claimed. The examiner further asserts that since the combined teachings of Kim and Shin and Park disclose the product as claimed under broadest reasonable interpretation, that said claim limitations are met, lacking any further distinction thereof.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., relatively high temperature) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicants argue Page 6, “2. The combination of cited references is improper.”
Applicants further argue Page 6, “a person of ordinary skill in the art would not have been motivated to introduce LiPO3 into the lithium metal phosphate coating layer of Kim, which is limited to LiMPO4”.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In the instant case, and as discussed above in the current 35 U.S.C. 103 rejection of record, Park further teaches in [0055]-[0056] the lithium metal phosphate and metal phosphate may be at least one compound selected from a compound represented by Formula 2 such as Li1-y(M1)PO4, whereby in Formula 2, y may satisfy 0≤y≤1, and M1 may be at least one metal element selected from Co, etc., and further discloses in [0054] the lithium phosphate may include at least one compound selected from LiPO3, etc., which at least provides said second compound(s) are represented by Formula 3, such that (with regards to Li1-y(M1)PO4, where M1 = Co, 0≤y≤1) a’ = 0 to 1, b’ = 1, c’ = 0 (i.e., M3 is not present), β’ = 1, γ’ = 4, d’ = 1 and (with regards to LiPO3) a’ = 1, b’ = 0, c’ = 0 (i.e., M3 is not present), β’ = 1, γ’ = 3, d’ = 1, which are values within the claimed ranges for the claimed Formulas 3 and 4 (MPEP 2131.03, I.).
Since Park teaches in at least one or more embodiments Li1-y(M1)PO4 (i.e., when M1 = Co, and y = 0 at least provides LiCoPO4) and further teaches LiPO3 included in a coating layer on at least a portion of the core as discussed above, this at least provides a second compound consists of a monoclinic crystal structure, such that LiPO3 has a P*/n space group and monoclinic crystal structure as evidenced by the instant specification in at least Table 14).
Therefore, the examiner asserts that it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Kim and Shin with the teachings of Park with proper motivation, whereby the positive electrode active material including the first compound, second compounds, etc., as disclosed by the combined teachings of Kim and Shin further includes LiPO3 included in a coating layer on at least a portion of the core as taught by Park so as to provide a novel cathode active material with improved battery capacity, rate characteristics, and lifespan characteristics.
Applicants further argue Page 7, “As shown above, tungsten is excluded from the definition of Formulae 3 to 7 of the core in Kim. Accordingly, a person of ordinary skill in the art would not have been motivated to introduce tungsten into the core compositions of Kim from which tungsten is excluded.”
The examiner respectfully disagrees, whereby as discussed above in the current 35 U.S.C. 103 rejection of record, the skilled artisan would appreciate that since Shin teaches a positive electrode active material that includes a core including a lithium composite metal oxide of formula LiaNi1-x-yCoxM1yM3zM2wO2 (i.e., first compound), whereby M1 is at least any one selected from the group consisting of Al and Mn, M2 is any one or at least two elements selected from the group consisting Zr, Ti, Mg, Ta, and Nb, and M3 is any one or at least two elements selected from the group consisting of W, Cr, etc., as discussed above, that this is at least commensurate in scope with that disclosed by Kim in [0035]-[0036], such that when M’ is at least one metal selected from the group consisting of Al, Ni, Co, Mn, Cr, etc., the skilled artisan would appreciate simply substituting W for Cr (for example) so as to provide a positive electrode active material for a secondary battery capable of improving a battery capacity and output characteristics of the battery and reducing the generation of gas, etc.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., relatively high temperature) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, in light of the amendment(s) to the claim(s), a new ground(s) of rejection 35 U.S.C. 103 is made in view of Kim and Shin and Park.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ke et al. (U.S. PGPub US 2022/0416236 A1) discloses a W-containing high-nickel ternary cathode material and preparation method thereof (Title), whereby as disclosed in [0049] a W-containing high-nickel ternary cathode material of the present disclosure was provided, with a chemical formula of Li1.0068Ni0.8Co0.1Mn0.1W0.0008Al0.006O2, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727