CORRECTED DETAILED ACTION
This Office Action replaces the Non-Final Rejection posted on 12/30/2025. The last set of claims that were reviewed by the Examiner were posted on 12/31/2024, but were mis-labeled (“AMSB” posted on 7/8/2025) and were not labeled as “claims” (“CLM”). The corrected Office Action (coding issue has been resolved by the Office) is presented below.
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 .
The Applicant has amended claims 1, 13. The pending claims are claims 1, 4, 6, 7, 13, 15-18.
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, 4, 6, 7, 13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki et al., EP 3992149 (US 2022255074).
Regarding claim 1, Aoki et al., teaches a cathode active material (abstract) for a lithium secondary battery (abstract) comprising a lithium-nickel composite metal oxide particle (abstract; 0011) represented by Formula: (0021), wherein M1 comprises Sr (0021) and M2 comprises Co, Mn, Al (0021).
Aoki does not teach a ratio of a total content of Sr and Ba in the lithium nickel composite metal oxide particle relative to a content of Al in the lithium nickel composite metal oxide particle is in a range from 0.15 to 1.5,
However, because Aoki teaches a chemical formula which is very close in structure, A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979).
Regarding claim 4, Aoki et al., does not teach a content of Al based on a total weight of the lithium-nickel composite metal oxide particle is in a range from 3,000 ppm to 7,000 ppm.
However, A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963).
Regarding claim 6, Aoki et al., teaches a cathode active material, wherein, in Chemical Formula 1, 0.85<x (or alpha) <0.95 (abstract; 0007,0021 ).
Regarding claim 7, Aoki et al., teaches a lithium secondary battery according to claim 1, wherein, in Chemical Formula 1, 0.85<x (or alpha) <0.95 (abstract; 0007,0021 ).
Regarding claim 13, Aoki teaches wherein M1 comprises Sr (0021).
Regarding claim 18, Aoki et al., teaches a lithium secondary battery (abstract), comprising: a cathode comprising the cathode active material (abstract) for a lithium secondary battery of claim 1 (abstract; 0011); and an anode (0013) facing the cathode (0013).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki et al., EP 3992149 (US 2022255074), in view of Hamano et al., US 2020/0083523.
Regarding claim 15, Aoki et al., does not teach wherein the lithium-nickel composite metal oxide particle has a secondary particle structure in which a plurality of primary particles are aggregated.
Hamano et al., teaches wherein the lithium-nickel composite metal oxide particle (0106) has a secondary particle structure in which a plurality of primary particles are aggregated (0023; 0082; 0085).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hamano into the teachings of Aoki because Hamano teaches “a positive electrode material for a lithium secondary battery which achieve high safety, high capacity, and excellent rate performance,” (0008).
Regarding claim 16, Aoki does not teach a metal sulfate component.
Hamano et al., teaches further comprising at least one of a metal sulfate component (0054; 0110-0111), a metal carbonate component (0054; 0110-0111) and a metal oxide component (0054; 0110-0111; 0116) which is present between the primary particles (0023; 0082; 0085).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hamano into the teachings of Aoki because Hamano teaches “the complex oxides being manufactured by baking after mixing Li compounds, a hydroxide which is formed by co-precipitating Ni and one or more chemical elements selected from Mn and Co and one, two, or more chemical compounds selected from among the oxides, nitrates, sulfates, carbonates, acetates, and phosphates of chemical elements.” (0054).
Regarding claim 17, Aoki does not teach metal sulfate.
Hamano et al., teaches wherein the metal sulfate component (0054; 0110-0111), the metal carbonate component (0054; 0110-0111) and the metal oxide component each contains M I of Chemical Formula 1 (0054; 0110-0111).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hamano into the teachings of Aoki because Hamano teaches “the complex oxides being manufactured by baking after mixing Li compounds, a hydroxide which is formed by co-precipitating Ni and one or more chemical elements selected from Mn and Co and one, two, or more chemical compounds selected from among the oxides, nitrates, sulfates, carbonates, acetates, and phosphates of chemical elements.” (0054).
Response to Arguments
Applicant's arguments filed 7/8/2025 have been fully considered but they are not persuasive.
The Applicant argues that, “According to the present invention, M1 includes Sr, and M2 includes Al, Ti, and Zr. Thus, the lithium-nickel composite metal oxide particle includes Sr, Al, Ti and Zr in a high-Ni composition. Sr, which has an oxidation number of +2, has an element size and an ionic size greater than those of Ni, and is selected so as to effectively prevent the transition of Ni element (cation disorder). According to the inventive concepts of the present invention, an element capable of forming a binder between primary particles while blocking a generation of lithium impurities on a surface of the active material and preventing the cation disorder is selected as M1. Accordingly, M1 serves as the binder of the primary particles in an inner region of a secondary particle to improve stability of the active material particles and improve life-span properties of the secondary battery.”
However, Applicant’s argument regarding the oxidation number and element size and ionic size, are not in the claims of record.
Additionally, the Applicant argues that “Al, Ti and Zr are included in M2 as intermediate elements or buffer elements during the introduction of Sr into a lithium layer, so that stability of a layered structure in the lithium- nickel composite metal oxide particle can be enhanced. Al, Ti and Zr have similar element sizes or ionic sizes to those of Ni and Li.”
However, Applicant’s argument regarding Al, Ti, and Zr having similar sizes or ionic sizes to those of and Li are not in the claims of record.
The Applicant argues that “none of the cited references discloses a lithium-nickel composite metal oxide particle including Sr, Al, Ti, and Zr.”
However, claim 1 is written as a cathode active material comprising a lithium nickel composite metal oxide and M1 which comprises Sr and M2 which comprises Co, Mn, Ti, Zr, Al.
The Applicant argues that “Aoki merely mentions various doping elements, but fails to teach that all of Al, Ti, and Zr are present together with Sr in consideration of the buffering effect for preventing the crystal deformation that may be caused by Sr. As such, Aoki provides no rationale for a lithium nickel composite metal oxide particle including Sr, Al, Ti, and Zr together.”
However, claim 1 is written as a cathode active material comprising a lithium nickel composite metal oxide and M2 which comprises Co, Mn, Ti, Zr, Al. Thus, it is not required that all of the materials, Co, Mn, Ti, Zr, and Al, be present in the cathode.
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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