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.
However, Claim 1 of the priority document (CN201911310399.2) appears to define a range for y of 0.04 ≤ y ≤ 0.06, whereas claim 1 of the current application defines a range for y of 0.025 ≤ y ≤ 0.06. Thus, the priority claimed does not appear to be valid for compositions with 0.025 ≤ y ≤ 0.06 - unless there is a basis for extended range for y in the description of the priority document. Therefore, appropriate response is requested.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 4/2/2022, 10/24/2023 and 11/6/2024 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 4/2/2022. 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) 1-8 and 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (WO 2019093653 A1).
Regarding claims 1-8 and 11-18, Kim discloses a positive electrode active material for a lithium secondary battery comprising a compound represented by chemical formula Lia(NixCoyMnzAlbMgcMd)O2, wherein 0.96<a<1.04, 0.8≤x<1, 0<y≤0.075, 0<z≤0.025, 0.001<b≤0.02, 0<c<0.02, 0≤d<0.005, b>c, x+y+z+b+c+d = 1, and M is at least one element selected from the group consisting of Cr, Fe, La, Ce, Sr, V, Ti, Mo, Zr, B, Rb, and Y. Kim further teaches that the lithium ion battery containing the positive electrode active material is used for an automobile [Abstract; paragraph 0004, 0086].
Although the contents of nickel, cobalt, manganese lithium and aluminum are different from the claimed content, it is noted that choosing an appropriate doping element and a suitable element content are customary means in the art, and therefore would have been obvious for a skilled artisan.
9. Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (WO 2019093653 A1) as applied in claim 1 and further in view of Han et al (CN 103855387 A) and Chen et al (CN 110459739 A).
Regarding claims 9-10, Kim teaches mixing LiOH, Ni(OH)2, Co(OH)2, Mn(OH)2, Al2(OH)3 and MgO and then carrying out a heat treatment at 750°C for 15 h to obtain a positive electrode active material [paragraph 0090-0091].
Han discloses a method for preparing a positive electrode material of LiNiaCo1-a-b MnbBxO2/TiO2, the method comprising mixing NiaCO1-a-bMnb(OH)2 with a boron compound and then pre-sintering same for 4-12 h to obtain a powder, mixing the powder with a lithium salt, and then sintering same to obtain LiNiaCO1-a-bMnbBxO2 [Fig. 1-4; paragraphs 0004-0061].
Chen discloses a method for preparing a positive electrode material, the method comprising mixing nickel, cobalt and aluminum hydroxides and a Z compound, then pre-sintering same to obtain a product, mixing the product with a lithium salt, then carrying out primary sintering, washing same with water, and drying same, then mixing the resulting product with an aluminum compound and boron compound, and then carrying out a heat treatment. Chen further teaches that the aluminum compound for coating is Al2O3 or Al(OH)3, the boron compound is B2O3 or H3BO3, and the heat treatment can be carried out at 400°C [Fig. 1-2; paragraph 4-61].
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 pre-sintering and mixing in order to have an efficient process.
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