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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/24/2026 has been entered.
Withdrawn Rejection
The 35 U.S.C. §103 rejection of claims 1-2, 4-8, 10, 28-33 and 35 as over Sato et al. (JP 2018-172255), made of record in the office action mailed on 10/2/2026, page 2 has been withdrawn due to Applicant’s amendment in the response filed on 02/24/2026.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4-8, 10 and 28-33 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (JP 2018-172255) in view of Okamoto et al. (US 2017/0331107).
Regarding claims 1-2, 4-8, 10, 28-33 and 35 Sato discloses method for producing a lithium nickel composite oxide represented by the following general formula (I) (page 1-2) (In formula (I), 0 <x <0.2, 0 <y< 0.5, 0 <z< 0.8, 0 < w < 0.1, y + z + w <1, M is Fe, Cu, Ti Mg, Al, W, B, Mo, Nb, Zn, Sn, Zr, Ga, and V represent one or more metals selected from the group consisting of V. (pages 1-2), where the formula 1 corresponds to the formula 1 of claim 4). Sato discloses a cathode active material for a lithium secondary battery is formed by mixing a coating material raw material and a lithium nickel composite metal oxide and forming a coating layer on the surface of secondary particles of the lithium nickel composite metal oxide by heat treatment as necessary is obtained (page 7). Coating layer comprises a metal composite oxide of Li and M .sup.2. M .sup.2 is at least one selected from Al, Ti, Zr, and W, and is preferably Al. Furthermore, the coating layer is preferably lithium aluminate, more preferably lithium aluminate. In the present embodiment, the coating layer may contain one or more metals selected from the group consisting of Mn, Fe, Co, and Ni (page 9). Sato discloses a coating process Washed and dried powder 1 and aluminum oxide (Alumina C manufactured by Nippon Aerosil Co., Ltd., average primary particle size 13 nm, content of Ni, Co, Mn and Al in washed and dried powder 1 is 1 mol (page 18). The crystal structure of the lithium nickel composite oxide is a layered structure, and more preferably a hexagonal crystal structure or a monoclinic crystal structure (page 9).
However, Sato fails to disclose that the lithium nickel composite oxide comprises an additional element selected from the group consisting of Ca, Cr and Si.
Whereas, Okamoto discloses positive electrode active material for a nonaqueous electrolyte secondary battery, wherein one or both of an organic phosphite compound represented by the following chemical formula (1) and an organic phosphate compound represented by the following chemical formula (2) adhere(s) to a part or an entire of a particle surface of a lithium-manganese-nickel composite oxide represented by general formula: Li.sub.tMn.sub.2-x-yNi.sub.xM.sub.yO.sub.4 (wherein 0.96<t≦1.25, 0.40≦x≦0.60, 0≦y≦0.20, and M represents at least one element selected from Si, Cr) [abstract].
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include element such as Cr or Si as taught by Okamoto in the lithium nickel composite oxide of Sato motivated by the desire to avoid reduction in battery capacity.
As Sato in view of Okamoto discloses a cathode active material comprising a lithium nickel composite metal oxide having a layered structure as presently claimed, it therefore would be obvious that cumulative frequency distribution curve of R which ranges from 0-100% as a whole, R(90) that is a value of R at a point where a cumulative frequency from a small side of the R would intrinsically reaches 90% in the range of 1.5-3.7.
Claim(s) 9 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (JP 2018-172255) in view of Okamoto et al. (US 2017/0331107) as applied to claim 1, further in view of Sato et al. (WO 2018/021453).
Regarding claims 9 and 34, Sato fails to disclose that the claimed D50 diameter and D90 and D10 satisfying the relationship of formula (A).
Whereas, Sato’453 discloses method for producing lithium nickel composite oxide (title). In order to improve the handling property of the nickel-containing metal composite compound, the 50% cumulative volume particle size D.sub.50 of the nickel-containing metal composite compound produced by this step is preferably 1 μm or more and preferably 30 μm or less. In the present embodiment, (D.sub.90 -D.sub.10) / D.sub.50” is preferably 1.65 or less, more preferably 1.6 or less, and particularly preferably 1.5 or less. (D.sub.90 -D.sub.10) / D.sub.50 s preferably as small as possible, but is practically 0.2 or more (page 7).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to form lithium metal composite of Sato having D50 in the range of 1-30 microns and satisfying the relationship of (D.sub.90 -D.sub.10) / D.sub.50 in the range of 0.2-1.5 as taught by Sato’453 motivated by the desire to have improved handling properties.
Response to Arguments
Applicant’s arguments filed on 02/02/2026 have been fully considered, but they are moot in view of new grounds of rejections as stated above.
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
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