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
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/15/2026 has been entered.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 12/12/2025, 12/17/2025, and 04/16/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
3. Applicant’s amendments with respect to claims filed on 04/15/2026 have been entered. Claims 1-16 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 5-6, 11-12, and 15-16 have been withdrawn from consideration.
The amendments and remarks filed are sufficient to cure the previous 35 U.S.C 112(b) rejections set forth in the Final office action mailed on 12/15/2025.
Claim Rejections - 35 USC § 103
4. 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.
5. 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 Shi et al. (Pub. No. US 20200358076 A1) in view of Waki (Pub. No. US 20200303732 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 at a temperature higher than 700oC and lower than or equal to 1050oC while introducing a gas comprising dry air to form a second composite oxide, wherein the first additive element source comprises a first additive element, wherein the first additive element occupies a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide, where LiMO.sub.2 contains nickel, cobalt, and manganese as the transition metal M and the proportion of nickel is the highest, and wherein the first additive element is gallium.
However, Shi teaches forming a second mixture (mixture, see [0041]) by mixing the first composite oxide (cathode material, see [0041], see [0035] where the cathode material is lithiated NMC) and a first additive element source (dopant precursor particles, see [0041]); and heating (mixture is calcined, see [0043]) the second mixture (mixture, see [0041]) at a temperature higher than 700oC and lower than or equal to 1050oC (950oC or less, see [0043]) while introducing a gas comprising dry air (dry air atmosphere, see [0043]) to form a second composite oxide (doped cathode material, see [0045]), wherein the first additive element source (dopant precursor particles, see [0041]) comprises a first additive element (dopant, see [0046]), and wherein the first additive element (dopant, see [0046]) is gallium (Ga, see [0046] where the dopant is Gallium), and wherein the first additive element source (dopant precursor particles, see [0041]) is gallium hydroxide (Ga(OH).sub.3, see [0038]).
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 dry mixing the lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Choi with a dopant precursor particle which is gallium hydroxide and calcining the mixture in a dry air atmosphere at 950oC or less to produce a doped lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Shi to improve cycling performance and capacity retention (see [0028] of Shi). Further it would have been obvious to modify the calcining temperature to stay between 700oC and 950oC as Shi teaches the calcining temperature is a result effective variable of avoiding degradation, melting, and evaporation of the cathode materials and dopant precursor particles, composition, and controlling reaction (see [0043] of Shi).
Therefore, Choi in view of Shi teaches wherein a layered lithium 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) represented by LiMO.sub.2 (Li.sub.1+x[Ni.sub.aMn.sub.bCo.sub.cM.sup.1.sub.1-a-b-c].sub.1-xO.sub.2, see Formula 1 in [0059]) in the second composite oxide (doped cathode material, see [0045] of Shi), where LiMO.sub.2 (Li.sub.1+x[Ni.sub.aMn.sub.bCo.sub.cM.sup.1.sub.1-a-b-c].sub.1-xO.sub.2, see Formula 1 in [0059]) contains nickel (Ni.sub.a, see Formula 1 in [0059]), cobalt (Co.sub.c, see Formula 1 in [0059]), and manganese (Mn.sub.b, see Formula 1 in [0059]) as the transition metal M (see Formula 1 in [0059]) and the proportion of nickel (Ni.sub.a, see Formula 1 in [0059]) is the highest (a is from 0.6 to 0.98, see [0061] proportion of Nickel is defined by a).
However, Choi in view of Shi fails to teach wherein the layered composite oxide is a layered rock-salt lithium composite oxide.
However, Waki teaches a layered rock-salt lithium composite oxide (lithium nickel cobalt manganese oxide (LiNi.sub.xCo.sub.yMn.sub.1−y−zO.sub.2, x+y+z=1), see [0020] where it has a layered rock salt type crystal structure).
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 Shi such that the lithium-nickel-cobalt-manganese oxide has a layered rock salt type crystal structure as taught by Waki to suppress gas generation (see [0019] of Waki).
Choi in view of Shi in view of Waki are silent to wherein the first additive element occupies a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide.
However, Choi in view of Shi in view of Waki teach the same method as defined by the invention, and further as evidenced by *Campbell (Pub. No. US 20210359300 A1) dopants occupy lattice sites normally occupied by Ni, Mn, or Co (*see additional evidence provided by Campbell below in [0026] of Campbell). Therefore, as Choi in view of Shi in view of Waki teach the same method as the present invention and dopants are known to occupy lattice sites normally occupied by nickel, one of ordinary skill in the art would expect the method as taught by Choi in view of Shi in view of Waki to exhibit the same characteristic of the first additive element occupying a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide.
*Additional Evidence provided by Campbell (Pub. No. US 20210359300 A1) where [0026] teaches dopants occupy lattice sites normally occupied by Ni, Mn, or Co.
Regarding claim 2, Choi in view of Shi in view of Waki teaches wherein the first additive element source (dopant precursor particles, see [0041] of Shi, see modification above) is gallium hydroxide (Ga(OH).sub.3, see [0038] of Shi, see modifications above), gallium oxyhydroxide, or an organic acid salt of gallium.
Regarding claim 3, Choi in view of Shi in view of Waki 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 Shi in view of Waki 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 at a temperature higher than 700oC and lower than or equal to 1050oC while introducing a gas comprising dry air to form a second composite oxide, wherein the first additive element source comprises a first additive element, wherein the first additive element occupies a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide, where LiMO.sub.2 contains nickel, cobalt, and manganese as the transition metal M and the proportion of nickel is the highest, and wherein the first additive element is gallium.
However, Shi teaches forming a second mixture (mixture, see [0041]) by mixing the first composite oxide (cathode material, see [0041], see [0035] where the cathode material is lithiated NMC) and a first additive element source (dopant precursor particles, see [0041]); and heating (mixture is calcined, see [0043]) the second mixture (mixture, see [0041]) at a temperature higher than 700oC and lower than or equal to 1050oC (950oC or less, see [0043]) while introducing a gas comprising dry air (dry air atmosphere, see [0043]) to form a second composite oxide (doped cathode material, see [0045]), wherein the first additive element source (dopant precursor particles, see [0041]) comprises a first additive element (dopant, see [0046]), and wherein the first additive element (dopant, see [0046]) is gallium (Ga, see [0046] where the dopant is Gallium), and wherein the first additive element source (dopant precursor particles, see [0041]) is a compound (Ga(OH).sub.3, see [0038] where the dopant precursor particle is Ga(OH).sub.3) containing the first additive element, and wherein the compound (Ga(OH).sub.3, see [0038] where the dopant precursor particle is Ga(OH).sub.3) containing the first additive element (dopant, see [0046]) is gallium hydroxide (Ga(OH).sub.3, see [0038] where the dopant precursor particle is Ga(OH).sub.3).
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 dry mixing the lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Choi with a dopant precursor particle which is gallium hydroxide and calcining the mixture in a dry air atmosphere at 950oC or less to produce a doped lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Shi to improve cycling performance and capacity retention (see [0028] of Shi). Further it would have been obvious to modify the calcining temperature to stay between 700oC and 950oC as Shi teaches the calcining temperature is a result effective variable of avoiding degradation, melting, and evaporation of the cathode materials and dopant precursor particles, composition, and controlling reaction (see [0043] of Shi).
Therefore, Choi in view of Shi teaches wherein a layered lithium 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) represented by LiMO.sub.2 (Li.sub.1+x[Ni.sub.aMn.sub.bCo.sub.cM.sup.1.sub.1-a-b-c].sub.1-xO.sub.2, see Formula 1 in [0059]) in the second composite oxide (doped cathode material, see [0045] of Shi), where LiMO.sub.2 (Li.sub.1+x[Ni.sub.aMn.sub.bCo.sub.cM.sup.1.sub.1-a-b-c].sub.1-xO.sub.2, see Formula 1 in [0059]) contains nickel (Ni.sub.a, see Formula 1 in [0059]), cobalt (Co.sub.c, see Formula 1 in [0059]), and manganese (Mn.sub.b, see Formula 1 in [0059]) as the transition metal M (see Formula 1 in [0059]) and the proportion of nickel (Ni.sub.a, see Formula 1 in [0059]) is the highest (a is from 0.6 to 0.98, see [0061] proportion of Nickel is defined by a).
However, Choi in view of Shi fails to teach wherein the layered composite oxide is a layered rock-salt lithium composite oxide.
However, Waki teaches a layered rock-salt lithium composite oxide (lithium nickel cobalt manganese oxide (LiNi.sub.xCo.sub.yMn.sub.1−y−zO.sub.2, x+y+z=1), see [0020] where it has a layered rock salt type crystal structure).
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 Shi such that the lithium-nickel-cobalt-manganese oxide has a layered rock salt type crystal structure as taught by Waki to suppress gas generation (see [0019] of Waki).
Choi in view of Shi in view of Waki are silent to wherein the first additive element occupies a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide.
However, Choi in view of Shi in view of Waki teach the same method as defined by the invention, and further as evidenced by *Campbell (Pub. No. US 20210359300 A1) dopants occupy lattice sites normally occupied by Ni, Mn, or Co (*see additional evidence provided by Campbell below in [0026] of Campbell). Therefore, as Choi in view of Shi in view of Waki teach the same method as the present invention and dopants are known to occupy lattice sites normally occupied by nickel, one of ordinary skill in the art would expect the method as taught by Choi in view of Shi in view of Waki to exhibit the same characteristic of the first additive element occupying a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide.
*Additional Evidence provided by Campbell (Pub. No. US 20210359300 A1) where [0026] teaches dopants occupy lattice sites normally occupied by Ni, Mn, or Co.
Regarding claim 8, Choi in view of Shi in view of Waki 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, Shi teaches wherein the step of heating (mixture is calcined, see [0043] of Shi, see modifications above) the second mixture (mixture, see [0041] of Shi, see modifications above) is performed at a temperature higher than 750° C. and lower than or equal to 850° C (700oC and 950oC, see modifications above).
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 Shi in view of Waki such that the calcining temperature is between 750oC and 850oC as Shi teaches the calcining temperature is a result effective variable of avoiding degradation, melting, and evaporation of the cathode materials and dopant precursor particles, composition, and controlling reaction (see [0043] of Shi).
Regarding claim 9, Choi in view of Shi in view of Waki 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 Shi in view of Waki teaches wherein the first additive element source (dopant precursor particles, see [0041]) is a compound (Ga(OH).sub.3, see [0038] where the dopant precursor particle is Ga(OH).sub.3) containing the first additive element, and wherein the compound (Ga(OH).sub.3, see [0038] where the dopant precursor particle is Ga(OH).sub.3) containing the first additive element (dopant, see [0046]) is gallium hydroxide (Ga(OH).sub.3, see [0038] where the dopant precursor particle is Ga(OH).sub.3), gallium oxyhydroxide, or an organic acid salt of gallium.
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 at a temperature higher than 700oC and lower than or equal to 1050oC while introducing a gas comprising dry air to form a second composite oxide, wherein the first additive element source comprises a first additive element, wherein the first additive element occupies a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide, where LiMO.sub.2 contains nickel, cobalt, and manganese as the transition metal M and the proportion of nickel is the highest, and wherein the first additive element is gallium.
However, Shi teaches forming a second mixture (mixture, see [0041]) by mixing the first composite oxide (cathode material, see [0041], see [0035] where the cathode material is lithiated NMC) and a first additive element source (dopant precursor particles, see [0041]); and heating (mixture is calcined, see [0043]) the second mixture (mixture, see [0041]) at a temperature higher than 700oC and lower than or equal to 1050oC (950oC or less, see [0043]) while introducing a gas comprising dry air (dry air atmosphere, see [0043]) to form a second composite oxide (doped cathode material, see [0045]), wherein the first additive element source (dopant precursor particles, see [0041]) comprises a first additive element (dopant, see [0046]), and wherein the first additive element (dopant, see [0046]) is gallium (Ga, see [0046] where the dopant is Gallium), and wherein the first additive element source (dopant precursor particles, see [0041]) is gallium hydroxide (Ga(OH).sub.3, see [0038]).
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 dry mixing the lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Choi with a dopant precursor particle which is gallium hydroxide and calcining the mixture in a dry air atmosphere at 950oC or less to produce a doped lithium-nickel-cobalt-manganese oxide having a layered structure as taught by Shi to improve cycling performance and capacity retention (see [0028] of Shi). Further it would have been obvious to modify the calcining temperature to stay between 700oC and 950oC as Shi teaches the calcining temperature is a result effective variable of avoiding degradation, melting, and evaporation of the cathode materials and dopant precursor particles, composition, and controlling reaction (see [0043] of Shi).
It is the examiners position the combination of Choi in view of Shi 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.
Therefore, Choi in view of Shi teaches wherein a layered lithium 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) represented by LiMO.sub.2 (Li.sub.1+x[Ni.sub.aMn.sub.bCo.sub.cM.sup.1.sub.1-a-b-c].sub.1-xO.sub.2, see Formula 1 in [0059]) in the second composite oxide (doped cathode material, see [0045] of Shi), where LiMO.sub.2 (Li.sub.1+x[Ni.sub.aMn.sub.bCo.sub.cM.sup.1.sub.1-a-b-c].sub.1-xO.sub.2, see Formula 1 in [0059]) contains nickel (Ni.sub.a, see Formula 1 in [0059]), cobalt (Co.sub.c, see Formula 1 in [0059]), and manganese (Mn.sub.b, see Formula 1 in [0059]) as the transition metal M (see Formula 1 in [0059]) and the proportion of nickel (Ni.sub.a, see Formula 1 in [0059]) is the highest (a is from 0.6 to 0.98, see [0061] proportion of Nickel is defined by a).
However, Choi in view of Shi fails to teach wherein the layered composite oxide is a layered rock-salt lithium composite oxide.
However, Waki teaches a layered rock-salt lithium composite oxide (lithium nickel cobalt manganese oxide (LiNi.sub.xCo.sub.yMn.sub.1−y−zO.sub.2, x+y+z=1), see [0020] where it has a layered rock salt type crystal structure).
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 Shi such that the lithium-nickel-cobalt-manganese oxide has a layered rock salt type crystal structure as taught by Waki to suppress gas generation (see [0019] of Waki).
Choi in view of Shi in view of Waki are silent to wherein the first additive element occupies a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide.
However, Choi in view of Shi in view of Waki teach the same method as defined by the invention, and further as evidenced by *Campbell (Pub. No. US 20210359300 A1) dopants occupy lattice sites normally occupied by Ni, Mn, or Co (*see additional evidence provided by Campbell below in [0026] of Campbell). Therefore, as Choi in view of Shi in view of Waki teach the same method as the present invention and dopants are known to occupy lattice sites normally occupied by nickel, one of ordinary skill in the art would expect the method as taught by Choi in view of Shi in view of Waki to exhibit the same characteristic of the first additive element occupying a nickel site of a layered rock-salt lithium composite oxide represented by LiMO.sub.2 in the second composite oxide.
*Additional Evidence provided by Campbell (Pub. No. US 20210359300 A1) where [0026] teaches dopants occupy lattice sites normally occupied by Ni, Mn, or Co.
Regarding claim 14, Choi in view of Shi in view of Waki 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
6. Applicant’s arguments with respect to claim(s) 1-4, 7-10, and 13-14 have been considered but are moot because the new ground of rejection does not rely on the same combination or interpretation of references previously applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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