Prosecution Insights
Last updated: April 19, 2026
Application No. 17/603,078

Positive Electrode Active Material for Secondary Battery, Method of Preparing the Same, and Lithium Secondary Battery Including the Positive Electrode Active Material

Non-Final OA §103
Filed
Oct 12, 2021
Examiner
SON, TAEYOUNG
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Chem, Ltd.
OA Round
4 (Non-Final)
41%
Grant Probability
Moderate
4-5
OA Rounds
3y 6m
To Grant
81%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allow Rate
12 granted / 29 resolved
-23.6% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
49 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§103
68.7%
+28.7% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 resolved cases

Office Action

§103
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 Arguments Applicant’s arguments, see arguments/remarks filed 11/21/2025, with respect to claim 4 have been fully considered and are persuasive. The 35 U.S.C. 103 of claim 4 has been withdrawn. A new reference Ding was relied upon to teach the claimed heat treatment temperature. See rejection below. Status of Application Claims 1-3, 15-16 are withdrawn. Claims 5-7, 9-11 are cancelled. Claims 4, 8, 12-14 are presented for examination. 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. Claim(s) 4, 8, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US20140079996A1, previously cited), in view of Yang (US20150194662A1, previously cited), Ding (CN106816596A, translation attached). Regarding claim 4 and 12, Feng discloses a method of preparing the positive electrode active material for a secondary battery [0034], the method comprising: preparing a lithium composite transition metal oxide wherein the lithium composite transition metal oxide including 70 mol% or more of nickel (Ni) among total metals excluding lithium (e.g., LiNi0.8Co0.15Al0.05O2 in Example 2-2 [0034]) However, Feng does not disclose wherein the lithium composite transition oxide is washed. In this regard, Yang is also directed to a method of fabricating a cathode material of Lithium-Nickel-Cobalt-Aluminum composite oxide (abstract), wherein the NCA composite oxide has a core-shell structure. Yang further teaches the core material (e.g., LiNi0.99Co0.01Al0.01O2; Example 1 [0063]-Yang) is washed with methanol, wherein the impurities on the surface of the materials are removed after washing treatment and a uniform nanolayer (i.e., shell) is formed on the surface of the final products [0087]. Thus, a person having ordinary skill in the art would have been motivated to wash the lithium composite transition metal oxide of Kim to remove any impurities on the surface of the lithium composite transition metal oxide and to form a uniform nanolayer [0087 Yang]. Modified Feng further discloses in Example 2-2, the step of: mixing the washed lithium composite transition metal oxide (LiNi0.8Co0.15Al0.05O2 [0041]), a fluorine-based polymer (PVDF [0034]), and a metal coating source (i.e., “Lewis acid” such as oxalic acid [0034] Feng), which does not include “at least one metal selected from the group consisting of aluminum (Al), titanium (Ti), magnesium (Mg), zirconium (Zr), tungsten (W), and strontium (Sr)”, as claimed. However, Feng further discloses that the Lewis acid may be selected from at least one of the groups consisting of oxalic acid, aluminum hydroxide, aluminum oxide to improve the environmental stability of the cathode material and to neutralize the LiOH that already exists at the end of the material synthesis process or forms on the surface of the cathode materials due to the exposure of the material to ambient atmosphere after its synthesis [0017 Feng]. Thus, a person having ordinary skill in the art would modify the Lewis acid of Example 2-2 to aluminum hydroxide (i.e., Al(OH)3) with a reasonable expectation that it would improve the environmental stability of the cathode material while also neutralizing the surface of the cathode material. Feng further discloses that the mixed lithium composite transition metal oxide is dried at the temperature of 25 °C to form a coating portion on surfaces of the lithium composite transition metal oxide [0035 Feng], but does not teach the step of “heat treating the mixture at 600°C or more” as claimed. In this regard, Ding teaches wherein a NCM composite material is mixed and coated with composite adhesive having polyvinylidene fluoride, wherein the PVDF-coated ternary composite material is placed in a tube furnace at a lower temperature (i.e., 250°C [0029 Ding]), followed by an additional heating at 600°C (Example 1 [Ding 0029]) to form a coating layer having improved bonding performance and low expansion rate, further improving the expansion of the NCM composite material during charging and discharging [0018 Ding]. Thus, it would have been obvious for a person having ordinary skill in the art to have further heat-treated the mixed lithium composite transition metal oxide of Feng at 600°C, which falls within the claimed range of “600°C or more”, with a reasonable expectation to provide a coating layer that improves the expansion of the lithium composite transition metal oxide during charging and discharging [0018 Ding]. Feng further discloses: wherein the fluorine-based polymer is mixed in an amount of 1 weight % [0034 Feng], which falls within the claimed range of “0.03 part by weight to 5 parts by weight based on 100 parts by weight of the lithium composite transition metal oxide”, wherein the metal coating source is mixed in an amount of 0.5 part by weight [0034 Feng], which falls within the claimed range of “0.01 part by weight to 5 parts by weight based on 100 parts by weight of the lithium composite transition metal oxide”, and wherein the fluorine-based polymer and the metal coating source are mixed 1:0.5, which falls within the claimed weight ratio of “1:0.01 to 1:5” Regarding claim 8, modified Feng teaches the method of claim 4, wherein the temperature of the heat treatment is 500-800℃ [Ding 0011], which encompasses the claimed range of “700°C to 800°C”. It would have been obvious for a person having ordinary skill in the art to have selected the taught range with a reasonable expectation to provide a coating layer that improves the expansion of the lithium composite transition metal oxide during charging and discharging [0018 Ding]. Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US20140079996A1, previously cited), in view of Yang (US20150194662A1, previously cited), Ding (CN106816596A, translation attached), and Lee (KR20170075437, IDS cited 10/12/2021). Regarding claim 13, modified Feng teaches the method of claim 4, wherein the washing is performed 3 times [0063 Yang]. However, modified Feng does not teach wherein the lithium composite transition metal oxide is washed “for 3 minutes to 60 minutes in a washing liquid at 1 C to 80°C”, as claimed. In this regard, Lee is directed to a method of preparing a positive electrode active material, wherein the LiNi0.9Co0.07Mn0.03O2 is added to a washing solution (Example 1; [0094] Lee) and stirred for 10 minutes [0094]. Lee further teaches that the washing temperature is 5 to 25°C [0067 Lee], which is fully within the claimed range of 1 C to 80°C. A person having ordinary skill in the art would select the encompassed range of washing temperature, as Lee teaches that such conditions remove residual lithium on the surface of the active material, while preventing lithium loss therein [0067 Lee]. Regarding claim 14, modified Feng teaches the method of claim 4. Modified Feng further teaches wherein the content of washing liquid (i.e., solvent in the washing solution) may be 50 to 200 parts by weight, more specifically 75 to 100 parts by weight, based on 100 parts by weight of the lithium composite oxide [0050 Lee]. Thus, Lee teaches a part by weight ratio of the washing liquid and the lithium composite transition metal oxide of 100 : 50-200, which is fully within the claimed weight ratio of 100:30 to 100:300. A person having ordinary skill in the art would select the overlapping washing liquid to the lithium composite transition metal oxide ratio, as Lee teaches that such condition effectively reduces the lithium on the surface of the washed cathode active material, thereby improving the initial capacity [0051 Lee]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEYOUNG SON whose telephone number is (703)756-1427. The examiner can normally be reached M-F 8-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /T.S./Examiner, Art Unit 1751 /JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 3/10/2026
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Prosecution Timeline

Oct 12, 2021
Application Filed
Sep 05, 2024
Non-Final Rejection — §103
Nov 22, 2024
Response Filed
Apr 04, 2025
Final Rejection — §103
Jul 11, 2025
Request for Continued Examination
Jul 14, 2025
Response after Non-Final Action
Aug 20, 2025
Non-Final Rejection — §103
Nov 21, 2025
Response Filed
Mar 06, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
41%
Grant Probability
81%
With Interview (+39.6%)
3y 6m
Median Time to Grant
High
PTA Risk
Based on 29 resolved cases by this examiner. Grant probability derived from career allow rate.

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