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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1 and 5-8 in the reply filed on 6/24/25 is acknowledged. The traversal is on the ground(s) that the election requirement does not identify the alleged features of the particular groups. This is not found persuasive because the examiner identified the common technical features among Groups I-VI, and reason why the common technical feature is not a special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 and 5-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the number of cobalt atoms" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Song et al. (US 2021/0028454 A1, hereinafter Song).
Re Claim 1. Song teaches a positive electrode active material comprising lithium, cobalt, nickel, and aluminum (para. 29),
wherein a number of nickel atoms in the positive electrode active material is greater than 0.05 % and less than or equal to 4 % of the number of cobalt atoms (para. 29, M’ = Ni, x=0.002, y=0.02, z=0.05, then Co = 0.928 and Ni = 0.02, a number of Ni atoms is 2.15 % of a number of Co atoms), and
wherein a median value of solidity is larger than or equal to 0.972 (para. 31, when averaged circularity =1, solidity =1).
Re Claim 7. Song teaches magnesium (para. 29, Me = Mg).
Re Claim 8. Song teaches wherein a median value of circularity is larger than or equal to 0.781 (para. 31, averaged circularity =1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song as applied to claim 1 above, and further in view of Li et al. (WO 2020/001561 A1, hereinafter Li).
The teachings of Song have been discussed above.
Re Claim 5. Song fails to specifically teach halogen.
The invention of Li encompasses Li-ion battery cathode material. Li teaches that the positive electrode active material comprises fluorine (pp. 2-3).
In view of Li, it would have been obvious to one of ordinary skill in the art at the time of invention to modify the invention of Song to have fluorine in the positive electrode active material, since Li teaches the advantage of using it, which is to avoid interface reaction or element diffusion between the positive electrode active material and electrolyte (pp. 2-3)
Re Claim 6. The combination teaches wherein the halogen is fluorine (Li, pp. 2-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood from the texts. Only specific portions of the texts have been pointed out to emphasize certain aspects of the prior art, however, each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E YOON whose telephone number is (571)270-5932. The examiner can normally be reached Monday-Friday 8 AM- 5 PM.
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, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN E YOON/Primary Examiner, Art Unit 1735
7/1/2025