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 .
Response to Amendment
1. Applicant’s amendments with respect to claims filed on 09/22/2025 have been entered. Claims 1-4, 7-10, and 13-14 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 17-22 have been cancelled.
The amendments and remarks filed are sufficient to cure the previous 35 USC 102 and 103 set forth in the Non-Final office action mailed on 05/20/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10, the recitation “wherein the first additive element is a compound containing the first additive element” in claim 10, lines 3-4 is indefinite because it is unclear how the first additive element can comprise a compound containing itself. For examination purposes the aforementioned recitation will be interpreted as “wherein the first additive element source is a compound containing the first additive element.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
3. Claim(s) 1-4, 7-10, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (Pub. No. US 20200350554 A1) in view of Hong et al. (Pub. No. US 20150017535 A1) and further in view of Kuroda (Pub. No. US 20220059834 A1).
Regarding claim 1, Choi teaches a method for manufacturing a positive electrode active material (positive electrode active material, see [0018]), comprising the steps of: forming a precipitate (see [0034] where nickel-manganese-cobalt hydroxide is precipitated) of a composite hydroxide (nickel-manganese-cobalt transition metal precursor, see [0025], see [0034] where the nickel-manganese-cobalt transition metal precursor is the nickel-manganese-cobalt hydroxide) containing nickel (nickel, see [0025]), cobalt (cobalt, see [0025]), and manganese (manganese, see [0025]) by a coprecipitation reaction (coprecipitation reaction, see [0025]) between an aqueous solution (metal solution, see [0025], see [0029] where the solution is mixed in water) containing nickel (nickel-containing raw material, see [0029]), cobalt (cobalt-containing raw material, see [0029]), and manganese (manganese-containing raw material, see [0029]) and an alkaline solution (basic compound, see [0031] where the basic compound is aqueous, see [0032] where the compound is alkaline based on pH); forming a first mixture (reaction mixture, see [0037]) by mixing the composite hydroxide (nickel-manganese-cobalt transition metal precursor, see [0025]) and a lithium source (lithium-raw material, see [0035] where the reaction mixture comprises the precursor and lithium-raw material and see [0037] the reaction mixture is mixed), and heating the first mixture (reaction mixture, see [0037], see [0038] the reaction mixture is heated) to form a first composite oxide (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039] where the pre-calcined mixture from heating comprises a mix of two types of nickel-cobalt-manganese oxides); but fails to teach forming a second mixture by mixing the first composite oxide and a first additive element source; and heating the second mixture while introducing a gas comprising dry air to form a second composite oxide, wherein the first additive element source comprises a first additive element, and wherein the first additive element is gallium.
However, Hong teaches forming a second mixture (second mixture, see [0047]) by mixing the first composite oxide (compound of formula 1, see [0047], see [0081] in Example 1 where the compound is a composite oxide) and a first additive element source (gallium precursor, see [0045], see [0047] where the second mixture comprises the first mixture which as seen in [0044] where the first mixture is a gallium precursor and a first solvent); and heating the second mixture (second mixture, see [0047], see [0048] when the second mixture is heat treated) to form a second composite oxide (cathode active material, see [0048], see [0081] in example 1 where the cathode active material is a composite oxide), wherein the first additive element source (gallium precursor, see [0045]) comprises a first additive element (gallium, see [0045] where the gallium precursors all contain gallium), and wherein the first additive element is gallium (see [0045] where the gallium precursor contains gallium), wherein the first additive element source (gallium precursor, see [0045]) is gallium hydroxide (gallium hydroxide, see [0045] wherein the gallium precursor is gallium hydroxide).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi to add a step of combining the lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Choi with a gallium precursor which is gallium hydroxide and heating the mixture as taught by Hong to improve capacity, lifetime, and thermal stability (see [0038]).
Choi in view of Hong is silent in regards to heating the second mixture while introducing a gas comprising dry air.
However, Kuroda teaches heating a second mixture (mixture of positive electrode active material and WO.sub.3, see [0381-0382]) while introducing a gas comprising dry air (dry air atmosphere, see [0382]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi in view of Hong such that the second mixture is heated in a dry air atmosphere as taught by Kuroda to provide a lithium metal complex oxide powder having high initial charge/discharge efficiency (see [0007] of Kuroda).
Regarding claim 2, Choi in view of Hong and further in view of Kuroda teaches wherein the first additive element source (gallium precursor, see [0045] of Hong, see modification above) is gallium hydroxide (gallium hydroxide, see [0045] of Hong wherein the gallium precursor is gallium hydroxide, see modification above), gallium oxyhydroxide, or an organic acid salt of gallium.
Regarding claim 3, Choi in view of Hong and further in view of Kuroda teaches wherein the step of heating the first mixture (reaction mixture, see [0037], see [0038] the reaction mixture is heated) is performed at a temperature higher than or equal to 400° C. and lower than or equal to 700° C (550-700oC, see [0038]).
Regarding claim 4, Choi in view of Hong and further in view of Kuroda teaches the method further comprising the step of: crushing the first composite oxide (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039] where the pre-calcined mixture from heating comprises a mix of two types of nickel-cobalt-manganese oxides, see [0046] where the pre-calcined mixture including the lithium-nickel-cobalt-manganese oxide with layered structure is pulverized); and heating the first composite oxide after crushing (pulverized pre-calcined mixture which as seen above includes the lithium-nickel-cobalt-manganese oxide with layered structure, see [0051] where the pulverized pre-calcined mixture is heated), wherein the step of heating the first composite oxide after crushing (pulverized pre-calcined mixture, see [0051]) is performed at a temperature higher than 700° C. and lower than or equal to 1050° C (750-1000oC, see [0051]).
Regarding claim 7, Choi teaches a method for manufacturing a positive electrode active material (positive electrode active material, see [0018]), comprising the steps of: forming a composite hydroxide (nickel-manganese-cobalt transition metal precursor, see [0025], see [0034] where the nickel-manganese-cobalt transition metal precursor is the nickel-manganese-cobalt hydroxide) containing nickel (nickel, see [0025]), cobalt (cobalt, see [0025]), and manganese (manganese, see [0025]) by a reaction between an aqueous solution (metal solution, see [0025], see [0029] where the solution is mixed in water) containing nickel (nickel-containing raw material, see [0029]), cobalt (cobalt-containing raw material, see [0029]), and manganese (manganese-containing raw material, see [0029]) and an alkaline solution (basic compound, see [0031] where the basic compound is aqueous, see [0032] where the compound is alkaline based on pH); forming a first mixture (reaction mixture, see [0037]) by mixing the composite hydroxide (nickel-manganese-cobalt transition metal precursor, see [0025]) and a lithium source (lithium-raw material, see [0035] where the reaction mixture comprises the precursor and lithium-raw material and see [0037] the reaction mixture is mixed); heating the first mixture (reaction mixture, see [0037], see [0038] the reaction mixture is heated to form a pre-calcined mixture including lithium-nickel-cobalt-manganese oxide with layered structure, then see [0051] the pre-calcined mixture including lithium-nickel-cobalt-manganese oxide with layered structure is heated again to form more lithium-nickel-cobalt-manganese oxide with layered structure) to form a first composite oxide (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039] where the pre-calcined mixture from heating comprises a mix of two types of nickel-cobalt-manganese oxides); but fails to teach forming a second mixture by mixing the first composite oxide and a first additive element source; and heating the second mixture while introducing a gas comprising dry air to form a second composite oxide, wherein the first additive element source comprises a first additive element, and wherein the first additive element is gallium.
However, Hong teaches forming a second mixture (second mixture, see [0047]) by mixing the first composite oxide (compound of formula 1, see [0047], see [0081] in Example 1 where the compound is a composite oxide) and a first additive element source (gallium precursor, see [0045], see [0047] where the second mixture comprises the first mixture which as seen in [0044] where the first mixture is a gallium precursor and a first solvent); and heating the second mixture (second mixture, see [0047], see [0048] when the second mixture is heat treated) to form a second composite oxide (cathode active material, see [0048], see [0081] in example 1 where the cathode active material is a composite oxide), wherein the first additive element source (gallium precursor, see [0045]) comprises a first additive element (gallium, see [0045] where the gallium precursors all contain gallium), and wherein the first additive element is gallium (see [0045] where the gallium precursor contains gallium), wherein the first additive element source (gallium precursor, see [0045]) is gallium hydroxide (gallium hydroxide, see [0045] wherein the gallium precursor is gallium hydroxide).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi to add a step of combining the lithium-nickel-cobalt-manganese oxide with layered structure as taught by Choi with a gallium precursor which is gallium hydroxide and heating the mixture as taught by Hong to improve capacity, lifetime, and thermal stability (see [0038]).
Choi in view of Hong is silent in regards to heating the second mixture while introducing a gas comprising dry air.
However, Kuroda teaches heating a second mixture (mixture of positive electrode active material and WO.sub.3, see [0381-0382]) while introducing a gas comprising dry air (dry air atmosphere, see [0382]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi in view of Hong such that the second mixture is heated in a dry air atmosphere as taught by Kuroda to provide a lithium metal complex oxide powder having high initial charge/discharge efficiency (see [0007] of Kuroda).
Regarding claim 8, Choi in view of Hong and further in view of Kuroda fails to teach wherein the step of heating the second mixture is performed at a temperature higher than 750° C. and lower than or equal to 850° C.
However, Hong further teaches wherein the step of heating the second mixture (second mixture, see [0047]) is performed at a temperature higher than 750° C. and lower than or equal to 850° C (400-1000oC, see [0050]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi in view of Hong and further in view of Kuroda such that the second mixture is heated at a temperature between 400-1000oC as taught by Hong to improve capacity, lifetime, and thermal stability (see [0038] of Hong) and further obvious for one of ordinary skill in the art to modify the range to be within the claimed range as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I) and Hong teaches the temperature range is a result effective variable for effectively forming a cathode active material (see [0050] of Hong).
Regarding claim 9, Choi in view of Hong and further in view of Kuroda teaches wherein the step of heating the first mixture (reaction mixture, see [0037], see [0038] the reaction mixture is heated to form a pre-calcined mixture including lithium-nickel-cobalt-manganese oxide with layered structure, then see [0051] the pre-calcined mixture including lithium-nickel-cobalt-manganese oxide with layered structure is heated again to form more lithium-nickel-cobalt-manganese oxide with layered structure) is performed at a temperature higher than or equal to 400° C. and lower than or equal to 700° C (550-700oC, see [0038]). and then is performed at a temperature higher than 700° C. and lower than or equal to 1050° C (750-1000oC, see [0051]).
Regarding claim 10, Choi in view of Hong and further in view of Kuroda teaches wherein the first additive element (gallium precursor, see [0045]) is a compound (gallium hydroxide, see [0045] of Hong, wherein the gallium precursor is gallium hydroxide, see modification above) containing the first additive element (gallium, see [0045] of Hong where the gallium precursor which is gallium hydroxide contain gallium, see modification above), and wherein the compound containing the first additive element is gallium hydroxide (gallium hydroxide, see [0045] of Hong wherein the gallium precursor is gallium hydroxide, see modification above), gallium oxyhydroxide, or an organic acid salt of gallium. See 112 rejection above for interpretation.
Regarding claim 13, Choi teaches a method for manufacturing a positive electrode active material (positive electrode active material, see [0018]), comprising the steps of: forming a composite hydroxide (nickel-manganese-cobalt transition metal precursor, see [0025], see [0034] where the nickel-manganese-cobalt transition metal precursor is the nickel-manganese-cobalt hydroxide) containing nickel (nickel, see [0025]), cobalt (cobalt, see [0025]), and manganese (manganese, see [0025]) by a reaction between an aqueous solution containing nickel (nickel-containing raw material, see [0029]), cobalt (cobalt-containing raw material, see [0029]), and manganese (manganese-containing raw material, see [0029]) and an alkaline solution (basic compound, see [0031] where the basic compound is aqueous, see [0032] where the compound is alkaline based on pH); forming a first mixture (reaction mixture, see [0037]) by mixing the composite hydroxide (nickel-manganese-cobalt transition metal precursor, see [0025]) and a lithium source (lithium-raw material, see [0035] where the reaction mixture comprises the precursor and lithium-raw material and see [0037] the reaction mixture is mixed), and heating the first mixture (reaction mixture, see [0037], see [0038] the reaction mixture is heated) to form a first composite oxide (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039] where the pre-calcined mixture from heating comprises a mix of two types of nickel-cobalt-manganese oxides); crushing the first composite oxide (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039] where the pre-calcined mixture from heating comprises a mix of two types of nickel-cobalt-manganese oxides, see [0046] where the pre-calcined mixture is pulverized); heating the first composite oxide (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039]) after crushing (see [0046] the pre-calcined mixture is pulverized, see [0051] where the pre-calcined mixture is heat treated); but fails to teach forming a second mixture by mixing the first composite oxide and a compound of a first additive element after heating the first composite oxide after crushing; and heating the second mixture while introducing a gas comprising dry air to form a second composite oxide, wherein the first additive element is gallium.
However, Hong teaches forming a second mixture (second mixture, see [0047], see [0048] when the second mixture is heat treated) by mixing the first composite oxide (compound of formula 1, see [0047], see [0081] in Example 1 where the compound is a composite oxide) and a compound of a first additive element (gallium precursor, see [0045], see [0047] where the second mixture comprises the first mixture which as seen in [0044] where the first mixture is a gallium precursor and a first solvent), and heating the second mixture (second mixture, see [0047], see [0048] when the second mixture is heat treated) to form a second composite oxide (cathode active material, see [0048], see [0081] in example 1 where the cathode active material is a composite oxide), wherein the first additive element is gallium (see [0045] where the gallium precursor contains gallium).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi to add a step of combining the lithium-nickel-cobalt-manganese oxide with layered structure as taught by Choi with a gallium precursor and heating the mixture as taught by Hong to improve capacity, lifetime, and thermal stability (see [0038]).
It is the examiners position the combination of Choi in view of Hong teaches the limitation of “forming a second mixture by mixing the first composite oxide and a compound of a first additive element after heating the first composite oxide after crushing” because the combination is based on forming a second mixture with the oxide having a layered structure which is formed both before and after the heating after crushing step, but more present after the heating after crushing step.
Choi in view of Hong is silent in regards to heating the second mixture while introducing a gas comprising dry air.
However, Kuroda teaches heating a second mixture (mixture of positive electrode active material and WO.sub.3, see [0381-0382]) while introducing a gas comprising dry air (dry air atmosphere, see [0382]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Choi in view of Hong such that the second mixture is heated in a dry air atmosphere as taught by Kuroda to provide a lithium metal complex oxide powder having high initial charge/discharge efficiency (see [0007] of Kuroda).
Regarding claim 14, Choi in view of Hong in view of Kuroda teaches wherein the step of heating the first mixture (reaction mixture, see [0037], see [0038] the reaction mixture is heated) is performed at a temperature higher than or equal to 400° C. and lower than or equal to 700° C. (550-700oC, see [0038]), and wherein the step of heating the first composite oxide after crushing (lithium-nickel-cobalt-manganese oxide with layered structure, see [0039], see [0046] the pre-calcined mixture is pulverized, see [0051] where the pre-calcined mixture is heat treated) is performed at a temperature higher than 700° C. and lower than or equal to 1050° C (750oC-1000oC, see [0051]).
Response to Arguments
4. Applicant’s arguments with respect to claim(s) 1, 3-4, 7-9, and 13-14 have been considered but are moot because the new ground of rejection does not rely on the same combination of references previously applied.
Conclusion
5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 MONTHS from the mailing date of this final action.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723