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 .
Status of Claims
Claims 19, 21, 23-25, 27, 29-42 are currently pending.
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 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.
Claims 19, 21, 23-25, 27 & 29-42 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami (US 2021/0083281 A1) in view of Li (US 2018/0006302 A1).
Regarding claims 19, 21, 23-25, 27 & 29-42, Mikami teaches a lithium ion secondary battery comprising a positive electrode, a negative electrode and an electrolyte solution ([0120]-[0125]), wherein the positive electrode includes a positive electrode active material particle comprising lithium cobalt oxide comprising Mg, F, at least one of Ti and Al, and at least one of Ni and Mn; wherein concentrations of both magnesium and nickel in a surface portion (i.e in a region in contact with the electrolyte solution), defined as a region from a surface of the positive electrode active material particle to a depth of 10 nm, of the positive electrode active material particle are higher than concentrations of magnesium and nickel in an inner portion of the positive electrode active material particle ([0091]-[0115] & [0146]-[0174]); wherein the number of nickel atoms is very small when sum of the number of nickel atoms and cobalt atoms in the active material is 100% ([0174]); wherein the positive electrode active material comprises a pseudo-spinel crystal structure in a charged state and an O3 crystal structure in a discharged state ([0093] & [0426]) and wherein a XRD pattern of the positive electrode active material in a state in which the positive electrode active material is charged at 4.7 V, has at least a first diffraction peak at 2Ɵ of 19.3 ± 0.2° and a second diffraction peak at 2Ɵ of 45.5 ± 0.1° when the positive electrode is analyzed by powder X-ray diffraction using CuKa1 ray (Fig. 30; [0426]). Mikami is silent as to wherein a concentration of nickel in the surface portion of the positive electrode active material particle is higher than a concentration of nickel in the inner portion of the positive electrode active material and wherein the number of nickel atoms is lower than 7.5% when sum of the number of nickel atoms and cobalt atoms in the active material is 100%. Li teaches a positive electrode active material comprising a lithium cobalt oxide comprising Ni, Mn, Al and Mg; wherein concentrations of both magnesium and nickel in a surface portion (i.e coating layer) of the positive electrode active material particle are higher than concentrations of magnesium and nickel in an inner portion (i.e core) of the positive electrode active material particle; wherein the number of nickel atoms is lower than 7.5% when sum of the number of nickel atoms and cobalt atoms in the active material is 100% ([0027]-[0037]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to set a concentration of nickel in the surface portion of the positive electrode active material particle is higher than a concentration of nickel in the inner portion of the positive electrode active material such that the number of nickel atoms is lower than 7.5% when sum of the number of nickel atoms and cobalt atoms in the active material is 100% in order to increase lithium ion deintercalation/intercalation kinetic performance in the surface coating layer while providing a lithium ion deintercalation/intercalation framework as taught by Li ([0020]).
Response to Arguments
Applicant’s arguments, see pages 1-2 of Remarks, filed 08/27/2025, with respect to the rejections of claims 19, 21, 23-25, 27, 29-42 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Mikami as modified by Li as presented above. Thus, in view of the foregoing, claims 19, 21, 23-25, 27, 29-42 stand rejected.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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