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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 3/25/2022, 10/11/2022 and 8/12/2024 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith.
Drawings
4. The drawings were received on 3/25/2022. These drawings are acceptable.
Claim Rejections - 35 USC § 103
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
6. 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.
7. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
8. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Liu et al ( "Improved electrochemical performance of Li1.2Ni0.2Mn0.6O2 cathode materials by ball milling and carbon coating", Powder Technology, vol. 239, 1 May 2013) in view of Kwak et al (US 20150030928 A1).
Regarding claims 1-7 and 11-17, Liu discloses a cobalt-free material of the formula Li1.2Ni0.2Mn0.6O2 obtained by performing a first sintering step on lithium carbonate and on co-precipitated Mn and Ni hydroxides at 500°C for 4 hour and 900°C for 12 hour. The material obtained was grounded by ball-milling with the resulting single particle having a size of 2-5 µm. Bakelite was added to the mixture to perform the carbon coating and the mixture was heated to 450°C for 2 hour to obtain the coated sample [page 461, column 2, paragraph 3; page 463, column 2, paragraph 2]. Liu remains silent about coating on the material. However, Kwak teaches that utilizing boron coating on electrode material can prevent the direct contact between the cathode active material and the electrolyte solution; and thereby the cathode active material may prevent side reactions between the cathode active material and the electrolyte solution. In addition, since limitations, such as the Jahn-Teller distortion and the dissolution of Mn2+, may be addressed by structurally stabilizing the lithium manganese oxide, tap density, life characteristics, and charge and discharge capacity characteristics of a secondary battery may be improved. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to avail the teachings of utilizing boron coating on active material in order to prevent the direct contact between the cathode active material and the electrolyte solution; and thereby the cathode active material may prevent side reactions between the cathode active material and the electrolyte solution.
Regarding claims 8-10 and 18-20, It is noted that introduction of electrode material and battery are claimed in a product by process manner which does not have patentable weight in an apparatus claim. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1982).
9. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belharouak et al (US 20200235390 A1) in view of Sakai (US 20190044139 A1) and Ito et al (US 20180212233 A1).
Regarding claims 1-7 and 11-17, Belharouak discloses a method forming a cobalt-free cathode active material comprising forming a gel of the precursor material into a gel and then evaporating the gel to powder. The method further comprises heating/sintering the precursor powder to a temperature from 600 to 900° C to form the lithium metal oxide. The particles of the cathode active material is preferably from 1 to 100 μm [Abstract; paragraph 0009, 0019, 0024, 0032-0033]. Belharouak remains silent about the steps of the method as claimed. However, Sakai teaches a method for producing a lithium-containing composite oxide, which comprises a step of mixing a transition metal-containing hydroxide and a lithium compound, and firing/sintering the mixture at 900° C. or higher which can be free of cobalt. The present hydroxide is preferably a hydroxide represented by the following formula (1).
NiαCoβMnγMδ(OH)2 formula (1)
wherein M is a metal element other than Li, Ni, Co and Mn, α is from 0.15 to 0.5, β is from 0 to 0.2, γ is from 0.3 to 0.8, δ is from 0 to 0.1, and α+β+γ+δ=1 [paragraph 0010-0011, 0044, 0054]. Therefore, with β=0 and δ=0, the formula (1) becomes NiαMnγ(OH)2 which is cobalt free.
Sakai teaches that the lithium compound is preferably at least one member selected from the group consisting of lithium carbonate, lithium hydroxide and lithium nitrate. The ratio of the molar amount of Li contained in the lithium compound to the total molar amount (Me) of Ni and Mn contained in the present hydroxide (Li/Me) is preferably from 1.1 to 1.7, [paragraph 0093-0095].
Sakai teaches that the method of mixing the present hydroxide and the lithium compound may, for example, be a method of using e.g. a rocking mixer, a nauta mixer, a spiral mixer, a cutter mill or a V mixer [paragraph 0096]
Sakai teaches that the firing may be one-stage firing or two-stage firing. In the case of conducting two-stage firing, main firing is carried out at a temperature within 900°C or higher firing temperature range. And, the temperature for the temporary firing is preferably from 400 to 700° C., more preferably from 500 to 650°C. The firing time is preferably from 4 to 40 hours, more preferably from 4 to 20 hours. [paragraph 0101-0102]. The particles of the cathode active material is preferably from 3 to 15 μm [paragraph 0121].
It is also known in the art to coat cathode active material with boron and carbon in order to avoid reaction at the interface between the cathode active material and the solid electrolyte as taught by Ito [paragraph 0041-0042].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to avail the teachings of providing a transition metal-containing hydroxide, which is a precursor of a lithium-containing composite oxide and with which it is possible to obtain a lithium ion secondary battery excellent in the discharge capacity and cycle characteristics, by using as a cathode active material a lithium-containing composite oxide obtained by using the hydroxide; and a method for producing a lithium-containing composite oxide with which it is possible to obtain a lithium ion secondary battery excellent in the discharge capacity and cycle characteristics.
Regarding claims 8-10 and 18-20, It is noted that introduction of electrode material and battery are claimed in a product by process manner which does not have patentable weight in an apparatus claim. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1982).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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/MUHAMMAD S SIDDIQUEE/ Primary Examiner, Art Unit 1723