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 .
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.
Claims 5, 7, 9, 12 – 14, and 18 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.
Regarding claims 5, 12 – 14, and 18 a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 5, 12 – 14, and 18 recites the broad recitation within a temperature range, and the claim also recites preferably within a smaller temperature range which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 7, the claim recites “or the cathode material being prepared by the method according to claim 1”. It is unclear which limitation the above citation is paired with in an either/or relationship. For the purpose of examination this limitation is interpreted as the cathode material of claim 7 is formed from the method of claim 1.
Regarding claim 9, the claim cites “the nickel cobalt manganese lithium aluminate”, but this limitation lacks antecedent basis.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 15 – 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15 depends upon itself.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1 – 3, 5 – 7, 10 – 16, and 18 – 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Saito, US20230246183A1.
Regarding claim 1, Saito teaches a method for preparing a cathode material [0001], comprising:
performing a first sintering treatment (first heating (S43))[0173] on a lithium source material (S11)[0143] and a cathode precursor material (S42)[0167] to obtain a first sintered product (heated mixture)[0173]; and
coating a surface of the first sintered product with a coating agent (apply additive coating (s33))[0207][0208] and then performing a second sintering treatment to obtain the cathode material (second heating step (S63) whereby positive electrode material (100) is obtained)[0209],
wherein the coating agent is a nickel source material and/or a manganese source material (nickel or manganese)[0207].
Regarding claim 2, Saito teaches the method according to claim 1, wherein the manganese material source is selected from one or more of groups consisting of Mn(OH)2, MnO, MnO2, Mn2O3, Mn3O4, Mn2O7 and MnCO3 (additives)[0190]; and
the nickel source material is selected from one or more of groups consisting of Ni(OH)2, NiSO4, NiCO3, NiF2, NiCl2, NiBr2, NiI2 and Ni2O3 (additives)[0190].
Regarding claim 3, Saito teaches the method according to claim 1, wherein a ratio of a weight of the first sintered product to a total weight of nickel and manganese in the coating agent is 1:0.0008-0.0015 (additive ratio 1:0.001 – 0.01)[0300][0459].
Regarding claim 5, Saito teaches the method according to claim 1, wherein a temperature of the first sintering treatment process ranges from 700° C. to 1000°C (800 - 1100 °C)[0149] and a sintering time is 8-20 hours (2 – 20 hrs)[0150]; and
preferably, the temperature of the first sintering treatment process ranges from 800° C. to 950° C.
Regarding claim 6, Saito teaches the method according to claim 1, wherein the lithium source material is one or more of groups consisting of lithium hydroxide, lithium carbonate, lithium acetate, lithium oxide, lithium nitrate and lithium oxalate (lithium source)[0143]; and
the cathode precursor material is a compound represented by a formula NiaCobMncAldMy (OH)2, M being one or more elements of Y, Sr, Mo, La, Al, Zr, Ti, Mg, B, Nb, Ba, Si, P and W, a being 0.5-0.92, b being 0.02-0.06, c being 0.01-0.03, d being 0.01-0.03 and y being 0.00-0.01 [0250]
Regarding claim 7, a cathode material, wherein the cathode material is a monocrystal-like cathode material formed by a plurality of monocrystal particles (monoclinic crystal)[0080],
a particle size of the monocrystal particles being 0.10-2 μm (d50 600 nm – 20 μm)[0166] and
a particle size D50 of the monocrystal-like cathode material being 2-7.5 μm (d50 600 nm – 20 μm)[0166],
the cathode material comprising a lithium cobalt nickel manganese compound oxide [0205] and
a coating layer coated to the cobalt nickel manganese compound oxide,
the coating layer (covered by daughter particles)[0020] being lithium manganate and/or lithium nickelate formed by sintering a nickel source material and/or a manganese source material (preferably covered with Nickel or the like)[0300];
or the cathode material being prepared by the method according to claim 1.
Regarding claim 10, Saito teaches a lithium-ion battery (battery)[0001], comprising the cathode material, wherein the cathode material comprises the cathode material according to claim 7.
Regarding claim 11, Saito teaches the method according to claim 2, wherein a ratio of a weight of the first sintered product to a total weight of nickel and manganese in the coating agent is 1:(0.0008-0.0015) (additive ratio 1:0.001 – 0.01)[0300][0459].
Regarding claim 12, Saito teaches the method according to claim 2, wherein a temperature of the first sintering treatment process ranges from 700° C. to 1000° C. (800 - 1100 °C)[0149] and a sintering time is 8-20 hours (2 – 20 hrs)[0150]; and
preferably, the temperature of the first sintering treatment process ranges from 800° C. to 950° C.
Regarding claim 13, Saito teaches the method according to claim 3, wherein a temperature of the first sintering treatment process ranges from 700° C. to 1000° C. (800 - 1100 °C)[0149] and a sintering time is 8-20 hours (2 – 20 hrs)[0150]; and
preferably, the temperature of the first sintering treatment process ranges from 800° C. to 950° C.
Regarding claim 14, Saito teaches the method according to claim 4, wherein a temperature of the first sintering treatment process ranges from 700° C. to 1000° C. (800 - 1100 °C)[0149] and a sintering time is 8-20 hours (2 – 20 hrs)[0150]; and
preferably, the temperature of the first sintering treatment process ranges from 800° C. to 950° C.
Regarding claim 15, Saito teaches the cathode material according to claim 15, wherein the manganese material source is selected from one or more of groups consisting of Mn(OH)2, MnO, MnO2, Mn2O3, Mn3O4, Mn2O7 and MnCO3(additives)[0190]; and
the nickel source material is selected from one or more of groups consisting of Ni(OH)2, NiSO4, NiCO3, NiF2, NiCl2, NiBr2, NiI2 and Ni2O3 (additives)[0190].
Regarding claim 16, Saito teaches the cathode material according to claim 15, wherein a ratio of a weight of the first sintered product to a total weight of nickel and manganese in the coating agent is 1:(0.0008-0.0015)(additive ratio 1:0.001 – 0.01)[0300][0459].
Regarding claim 18, Saito teaches the cathode material according to claim 15, wherein a temperature of the first sintering treatment process ranges from 700° C. to 1000° C. (800 - 1100 °C)[0149] and a sintering time is 8-20 hours (2 – 20 hrs)[0150];
preferably, the temperature of the first sintering treatment process ranges from 800° C. to 950° C.
Regarding claim 19, Saito teaches the cathode material according to claim 15, wherein the lithium source material is one or more of groups consisting of lithium hydroxide, lithium carbonate, lithium acetate, lithium oxide, lithium nitrate and lithium oxalate (lithium source)[0143]; and
the cathode precursor material is a compound represented by a formula NiaCobMncAldMy (OH)2, M being one or more elements of Y, Sr, Mo, La, Al, Zr, Ti, Mg, B, Nb, Ba, Si, P and W, a being 0.5-0.92, b being 0.02-0.06, c being 0.01-0.03, d being 0.01-0.03 and y being 0.00-0.01 [0205].
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 (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.
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.
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.
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.
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Saito, US20230246183A1 as applied to claims 3 above, and further in view of Fang, CN111129448A.
Regarding claim 4, Saito teaches the method according to claim 3.
Saito does not teach wherein a temperature of the second sintering treatment process ranges from 150° C. to 250° C. and a treatment time is 4-8 hours.
Fang teaches a method of making a cathode material [pg. 1 para. 15] wherein a temperature of the second sintering treatment process ranges from 150° C. to 250° C. and a treatment time is 4-8 hours [pg. 2 para. 5][pg. 3 para. 2]. Fang does not teach values for temperature within the claimed range of temperature, but the values are close enough to support a prima facie case of obviousness [MPEP 2144.05 I]. Further, Fang teaches the low temperature second sintering method allows for greater structural stability of the material. Then, it would have been obvious to one of ordinary skill in the art to combine the method of Fang with the method of Saito to improve the stability of the cathode material.
Regarding claim 17, Saito teaches the cathode material according to claim 15,
Saito does not teach wherein a temperature of the second sintering treatment process ranges from 150° C. to 250° C. and a treatment time is 4-8 hours.
Fang teaches a method of making a cathode material [pg. 1 para. 15] wherein a temperature of the second sintering treatment process ranges from 150° C. to 250° C. and a treatment time is 4-8 hours [pg. 2 para. 5][pg. 3 para. 2]. Fang does not teach values for temperature within the claimed range of temperature, but the values are close enough to support a prima facie case of obviousness [MPEP 2144.05 I]. Further, Fang teaches the low temperature second sintering method allows for greater structural stability of the material. Then, it would have been obvious to one of ordinary skill in the art to combine the method of Fang
Claim 8 – 9 and 20 is rejected under 35 U.S.C. 103 as being unpatentable over Saito, US20230246183A1 as applied to claim 7 above, and further in view of Huang, CN110970604A.
Regarding claim 8, Saito teaches the cathode material according to claim 7.
Saito does not teach wherein the cathode material is represented by a formula LixNiaCobMncAldMyRzO2, wherein x is greater than or equal to 1.00 but less than or equal to 1.35, y is greater than 0 but less than or equal to 0.01, z is greater than 0 but less than or equal to 0.01, a is greater than 0 but less than or equal to 0.92, b is greater than 0 but less than or equal to 0.06, c is greater than 0 but less than or equal to 0.03, d is greater than 0 but less than or equal to 0.03, the sum of a, b, c, d and z is equal to 1, M is one or more elements of Y, Sr, Mo, La, Al, Zr, Ti, Mg, B, Nb, Ba, Si, P and W, and R is Ni and/or Mn.
Huang teaches a method of making a cathode material [pg. 1 para. 3] wherein the cathode material is represented by a formula LixNiaCobMncAldMyRzO2, wherein x is greater than or equal to 1.00 but less than or equal to 1.35, y is greater than 0 but less than or equal to 0.01, z is greater than 0 but less than or equal to 0.01, a is greater than 0 but less than or equal to 0.92, b is greater than 0 but less than or equal to 0.06, c is greater than 0 but less than or equal to 0.03, d is greater than 0 but less than or equal to 0.03, the sum of a, b, c, d and z is equal to 1, M is one or more elements of Y, Sr, Mo, La, Al, Zr, Ti, Mg, B, Nb, Ba, Si, P and W, and R is Ni and/or Mn [pg. 2 para. 1]. Further, this composition for cathode material is known in the art, and would have been obvious to one of ordinary skill in the art to combine with the method of Saito as an obvious design choice.
Regarding claim 9, Saito teaches the cathode material according to claim 7, wherein a particle size D50 of the nickel cobalt manganese lithium aluminate is 2-7.5 μm (d50 600 nm – 20 μm)[0166], and
Saito does not teach a particle size of a particulate matter in the coating layer is 0.01-0.45 μm.
Huang teaches a method of making a cathode material [pg. 1 para. 3] wherein the cathode material has a coating layer wherein a particle size of a particulate matter in the coating layer is 0.01-0.45 μm [pg. 3 para. 12]. Further, Huang teaches the coating layer to improve stability and rate performance. Then, it would have been obvious to combine the particle size of Huang with the coating of Saito to improve stability and rate performance.
Regarding claim 20, Saito teaches the lithium ion battery according to claim 10.
Saito does not teach wherein the cathode material is represented by a formula LixNiaCobMncAldMyRzO2, wherein x is greater than or equal to 1.00 but less than or equal to 1.35, y is greater than 0 but less than or equal to 0.01, z is greater than 0 but less than or equal to 0.01, a is greater than 0 but less than or equal to 0.92, b is greater than 0 but less than or equal to 0.06, c is greater than 0 but less than or equal to 0.03, d is greater than 0 but less than or equal to 0.03, the sum of a, b, c, d and z is equal to 1, M is one or more elements of Y, Sr, Mo, La, Al, Zr, Ti, Mg, B, Nb, Ba, Si, P and W, and R is Ni and/or Mn.
Huang teaches a method of making a cathode material [pg. 1 para. 3] wherein the cathode material is represented by a formula LixNiaCobMncAldMyRzO2, wherein x is greater than or equal to 1.00 but less than or equal to 1.35, y is greater than 0 but less than or equal to 0.01, z is greater than 0 but less than or equal to 0.01, a is greater than 0 but less than or equal to 0.92, b is greater than 0 but less than or equal to 0.06, c is greater than 0 but less than or equal to 0.03, d is greater than 0 but less than or equal to 0.03, the sum of a, b, c, d and z is equal to 1, M is one or more elements of Y, Sr, Mo, La, Al, Zr, Ti, Mg, B, Nb, Ba, Si, P and W, and R is Ni and/or Mn [pg. 2 para. 1]. Further, this composition for cathode material is known in the art, and would have been obvious to one of ordinary skill in the art to combine with the method of Saito as an obvious design choice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724