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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/09/2026 has been entered.
This office action is in response to Applicant's remarks and amendments filed on 06/09/2026. Claims 1-2 and 4-5 are currently amended. Claims 1-2 and 4-5 are pending review in this action. The previous 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1. New grounds of rejection necessitated by Applicant's amendments are presented below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ryoshi et al. (US 2018/0053933 A1) further in view of Ogawa et al. (US 2019/0319257 A1) and Yamaji et al. (US 2017/0012288 A1).
The examiner notes that although Ryoshi et al. (US 2018/0053933 A1) shares common inventors with the instant application, it qualifies as prior art under 35 U.S.C. 102(a)(1) as it was published on 02/22/2018 which is before the effective filing date of the instant application (02/26/2019).
Regarding Claim 1:
Ryoshi discloses a positive electrode active material (cathode active material) for a lithium ion secondary battery (non-aqueous electrolyte secondary battery) containing a lithium metal composite oxide (lithium nickel composite oxide) [0035]. Ryoshi further discloses that the lithium metal composite oxide (lithium nickel composite oxide) may be expressed by the formula Li1+uNi1-x-yCoxMyO2 wherein -0.05≤u≤0.50, 0≤x≤0.35, 0≤y≤0.35, and M may be one or more selected from a list which includes Mn, V, Mg, Al, Ti, Mo, Nb, Zr, and W [0035]. Ryoshi further discloses that the positive electrode active material (cathode active material) has a volume-average particle size (MV) between 8 µm and 50 µm, and an index [(d90-d10)/mean volume particle diameter] of spread of a particle size distribution of less than 0.5 [0034]. Ryoshi teaches that the cycling characteristic of the battery is related to the particle size distribution of the positive electrode active material (cathode active material) such that when the positive electrode active material (cathode active material) has a wide particle size distribution the capacity of the battery decreases, and furthermore as the battery packing density increases, the battery capacity increases [0008].
The skilled artisan would appreciate that there are multiple embodiments of the lithium metal composite oxide (lithium nickel composite oxide) of Ryoshi which meet all of the compositional limitations of instant Claim 1. For example, according to the above formula the lithium metal composite oxide (lithium nickel composite oxide) of Ryoshi may be LiNi0.6Co0.2Ti0.2O2. As such, the lithium metal composite oxide (lithium nickel composite oxide) comprises lithium (Li), nickel (Ni), cobalt (Co), and titanium (Ti) as element M. The above formula has a mass ratio Li:Ni:Co:M of 1.0:0.6:0.2:0.2, which falls within the claimed mass composition requirements for Li, Ni, Co, and M.
Ryoshi is deficient in disclosing 1) that the element M is at least one element selected from Si and Fe; and 2) that the index of the spread of a particle size distribution is between 0.88 and 1.25, and the thickness of a NiO layer is 200 nm or less.
Regarding 1), Ogawa discloses a positive electrode active material for a lithium ion secondary battery containing a lithium metal composite oxide [0031-0032, 0060]. Ogawa further discloses that the lithium metal composite oxide may be a lithium nickel cobalt oxide and may further comprise doping element [0060-0061]. Ogawa further discloses that the doping element may be selected from a list which includes Si, V, Mg, Ti, Mo, Nb, Zr, and W [0061].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to utilize Si as element M in the lithium metal composite oxide of Ryoshi, as it is known in the art that Si is a recognized alternative to V, Mg, Ti, Mo, Nb, Zr, and W, for use as a metal element in a lithium composite oxide comprising lithium, nickel, and cobalt, as taught by Ogawa. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Upon the above modification, the limitation of Claim 1 requiring that the element M is at least one element selected from Si and Fe, is met.
Regarding 2), Yamaji discloses a positive electrode active material (cathode active material) for a lithium ion secondary battery (non-aqueous electrolyte secondary battery) containing a lithium metal composite oxide (lithium composite oxide) [0028]. Yamaji further discloses that the lithium metal composite oxide (lithium composite oxide) may be expressed by the formula Li1+uNixMnyMtO2 wherein -0.05≤u≤0.50, 0.05≤x≤0.95, 0.05≤y≤0.95, 0≤t≤0.20, x+y+t=1, and M may be one or more selected from a list which includes Co, Ti, V, Cr, Zr, Nb, Mo, Ta, and W [0028]. Yamaji further discloses that the positive electrode active material (cathode active material) has an average particle size of between 7 µm and 25 µm and an index [(d90-d10)/mean volume particle diameter] of spread of a particle size distribution between 0.80 and 1.20 [0029, 0065]. Yamaji teaches that when the particle size becomes too uniform the tap density can be negatively impacted, but when the particle size distribution is below 1.2 the safety and cycling characteristics of the battery may be maintained [0067].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Therefore, it would be further obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the particle size distribution of the positive electrode active material of Ryoshi to have an index [(d90-d10)/mean volume particle diameter] of spread of a particle size distribution between 0.80 and 1.20, as such a range is known in the art to be a suitable particle size distribution for a lithium metal composite oxide in a non-aqueous lithium ion secondary battery, as taught by Yamaji. Furthermore, the skilled artisan would be motivated to make such a modification as Yamaji teaches such a range of the particle size distribution allows the safety and cycling characteristics of the battery to be maintained without negatively impacting tap density, which Ryoshi teaches to be a main concern when selecting a particle size distribution.
Upon the above modification, although Ryoshi is silent to a NiO layer thickness, the skilled artisan would appreciate that as the lithium metal composite oxide (lithium nickel composite oxide) of modified Ryoshi possesses the claimed composition and particle size distribution, it would be expected that when the lithium metal composite oxide (lithium nickel composite oxide) of Ryoshi 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 be expected to fall within the claimed range of 200 nm or less, as the instant specification teaches that the thickness of the NiO layer corresponds with the amount of oxygen released from the positive electrode active material during charging, and that the amount of oxygen released during charging is controlled by the particle characteristics (i.e., composition and particle size distribution) [0020, 0034].
Specifically, the instant application teaches that the lithium metal composite oxide was incorporated into a 2032-type coin battery and subjected to charging at 4.3 V, which resulted in the formation of the NiO layer with a thickness of 35 nm [0126-0127]. The coin-type battery of the instant application comprising a positive electrode, a negative electrode, a separator, and an electrolyte [0125-0126]. The instant application teaches that the positive electrode may consist of 52.5 mg of the lithium metal composite oxide, 15 mg of acetylene black, and 7.5 mg of a PTEE binder, mixed together, pressed at 100 MPa to a thickness of 100 µm, and dried under vacuum at 120°C for 12 hours [0125]. The instant application teaches that lithium metal may be used as a negative electrode, a polyethylene porous membrane having a thickness of 25 µm may be used as separator, and the electrolyte may be a 1M solution of LiClO4 in an equal volume mixture of ethylene carbonate and diethyl carbonate [0126].
Ryoshi teaches that the lithium metal composite oxide (lithium nickel composite oxide) as described above is incorporated into a 2032-type coin battery and subjected to charging at 4.3 V [0185]. The coin-type battery of Ryoshi comprising a cathode, an anode, a separator, and an electrolyte [0178-0180, 0182]. Ryoshi further teaches that the cathode comprises 52.5 mg of lithium metal composite oxide (lithium nickel composite oxide/cathode active material), 15 mg of acetylene black, and 7.5 mg of a PTEE binder, mixed together, pressed at 100 MPa to a thickness of 100 µm, and dried under vacuum at 120°C for 12 hours [0182]. Ryoshi further teaches that a polyethylene porous membrane having a thickness of 25 µm may be used as separator, and the electrolyte may be a 1M solution of LiClO4 in an equal volume mixture of ethylene carbonate and diethyl carbonate [0183]. Ryoshi further discloses that the coin-type battery comprises an anode, which may be a lithium metal anode [0124, 0183]. Thus, although Ryoshi is silent to a NiO layer thickness, because modified Ryoshi teaches an lithium metal composite oxide having both the claimed composition and particle size, as well as teaches that the lithium metal composite oxide is incorporated into a nearly identical battery, the skilled artisan would expect that when the lithium metal composite oxide (lithium composite oxide) of Ryoshi 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 be expected to fall within the claimed range of 200 nm or less. As such, all of the limitations of Claim 1 are met.
Regarding Claim 2 (Dependent Upon Claim 1):
Ryoshi as modified by Ogawa and Yamaji discloses the positive electrode active material of Claim 1 as set forth above. Ryoshi further discloses that element M is uniformly mixed during production, thus the skilled artisan would appreciate that the element M is uniformly distributed inside secondary particles of the lithium metal composite oxide (lithium nickel composite oxide) [0093]. Thus, all of the limitations of Claim 2 are met.
Regarding Claim 4 (Dependent Upon Claim 1):
Ryoshi as modified by Ogawa and Yamaji discloses the positive electrode active material of Claim 1 as set forth above. Ryoshi further discloses a lithium ion secondary battery (non-aqueous electrolyte secondary battery) having a positive electrode (cathode) containing the positive electrode active material (cathode active material) for the lithium ion secondary battery (non-aqueous electrolyte secondary battery) of Claim 1 [0114]. Thus, all of the limitations of Claim 4 are met.
Regarding Claim 5 (Dependent Upon Claim 2):
Ryoshi as modified by Ogawa and Yamaji discloses the positive electrode active material of Claim 2 as set forth above. Ryoshi further discloses a lithium ion secondary battery (non-aqueous electrolyte secondary battery) having a positive electrode (cathode) containing the positive electrode active material (cathode active material) for the lithium ion secondary battery (non-aqueous electrolyte secondary battery) of Claim 2 [0114]. Thus, all of the limitations of Claim 5 are met.
Response to Arguments
Applicant’s arguments, filed 06/09/2026, with respect to the rejection of Claims 1-2 and 4-5 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Ryoshi et al. (US 2018/0053933 A1), Ogawa et al. (US 2019/0319257 A1), and Yamaji et al. (US 2017/0012288 A1).
Conclusion
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/E.E.F./Examiner, Art Unit 1724 /MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724
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