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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/17/25 has been entered.
Response to Arguments
The following is in response to the remarks filed 12/17/25.
The applicant submits that the amendments overcome the previous rejection.
The examiner agrees, and the previous rejection is withdrawn. A new basis for rejection appears below.
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 1, 2, 4, 6 – 8, and 14 are rejected under 35 U.S.C. 103 by Choi, US20210167381A1 (newly cited) and Ito, US20180212233A1 (previously cited).
Regarding claim 1, Choi teaches the positive electrode active material for a lithium secondary battery [0002],
wherein: the positive electrode active material is a lithium metal oxide particle in the form of a secondary particle including a plurality of primary particles [0016], and
the positive electrode active material comprises: a first coating layer positioned on at least part of the primary particle surface (first coating on primary particles)[0024]; and
a second coating layer positioned on at least part of the secondary particle surface (second coating covering secondary particle)[0027]
wherein, the first coating layer contains a first niobium compound that does not contain lithium (formula 2 when a = 0)[0025],
the second coating layer contains a second niobium compound having a different composition from the first niobium compound (formula 3 when a does not equal 0)[0027],
wherein the primary particle on which the first coating layer is positioned, is positioned inside the secondary particle [0083] and the surface of the primary particle excludes the surface of the primary particle exposed to the outer surface of the secondary particle (first coating layer formed on the primary particle and the second coating formed on the secondary particle).
Choi does not teach the second coating layer contains the first niobium compound.
Ito teaches a positive electrode active material for a lithium secondary battery, wherein: the positive electrode active material is a lithium metal oxide particle including a plurality of primary particles (core (101))[fig. 2], and the positive electrode active material comprises:
a first coating layer positioned on at least part of the primary particle surface (first coating layer (102))[fig. 2]; and a second coating layer (second coating (103)) wherein, the first coating layer contains a first niobium compound [0010], the second coating layer contains the first niobium compound [0013] and a second niobium compound having a different composition from the first niobium compound [0080]
wherein the second coating layer contains the first niobium compound (second layer comprising a combination of metal oxides comprising niobium compounds)[0013]. Further, it is known in the art to combine mixtures of compounds into positive electrode coating layers.
Then, it would have been obvious to one of ordinary skill in the art to combine the teaching for a second coating layer of Ito which comprises a mixture of metal oxides comprising niobium compounds into the second coating layer of Choi as obvious to try from a limited number of possible solutions (ie. single compound vs mixture).
Regarding claim 2, combined Choi teaches the positive electrode active material of claim 1.
Further, Choi teaches wherein: the primary particle on which the first coating layer is positioned is positioned inside the secondary particle (coating on agglomerated primary particles)[0034]
Regarding claim 4, combined Choi teaches the positive electrode active material of claim 1,
Further, Ito teaches wherein: at least one of the first niobium compound and the second niobium compound contains an amorphous structure [0060].
Regarding claim 6, combined Choi teaches the positive electrode active material of claim 1,
Further, Ito teaches wherein: the second niobium compound is at least one of LiNbO3, Nb2O5, Li3NbO4 and LiNb3O8 [0042].
Regarding claim 7, combined Choi teaches the positive electrode active material of claim 1,
Further, Ito teaches wherein: an average thickness of the first coating layer is less than 5 nm [0014]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists [MPEP 2144.05 I].
Regarding claim 8, combined Choi teaches the positive electrode active material of claim 1,
Further, Ito teaches wherein: an average thickness of the second coating layer is less than 30 nm [0015]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists [MPEP 2144.05 I].
Regarding claim 14, Choi teaches the lithium secondary battery comprising:
a positive electrode comprising the positive electrode active material of claim 1; a negative electrode; and a non-aqueous electrolyte [0022].
Claims 3 and 5 are rejected under 35 U.S.C. 103 by Choi, US20210167381A1 and Ito, US20180212233A1 as applied to claim 1 above, and further in view of Han, US20220416231A1.
Regarding claim 3, combined Choi teaches the positive electrode active material of claim 1,
Combined Choi does not teach wherein: the first niobium compound does not contain lithium.
Han teaches a positive electrode material comprising a lithium oxide primary particle [0002] wherein the primary particle has a coating layer disposed thereon wherein the coating layer comprises at least one of Nb2O5 and NbO [0031]. Further, Han teaches that the coating layer comprising said compounds effectively coats the lithium oxide primary particles and reduces battery deterioration [0037]. Then, it would have been obvious to one of ordinary skill in the art to combine the coating material of Han into the electrode material of combined Choi to reduce battery deterioration.
Regarding claim 5, combined Choi teaches the positive electrode active material of claim 3,
Further, Han teaches wherein: the first niobium compound is at least one of Nb2O5, NbO and NbO2 [0031].
Claim 9 is rejected under 35 U.S.C. 103 by Choi, US20210167381A1 and Ito, US20180212233A1 as applied to claim 1 above, and further in view of Campbell, US20210028448A1.
Regarding claim 9, combined Choi teaches the positive electrode active material of claim 1,
Further, Ito teaches wherein: the second niobium compound is LiNbO3 [0042].
Combined Choi does not teach a content of the LiNbO3 is 15.7 at % or more based on the total of the first and second niobium compounds included in the positive active material.
Campbell teaches a positive electrode material comprising a lithium oxide primary particle [0002] wherein the primary particle has a coating layer disposed thereon wherein the coating layer comprises LiNbO3 [0079] wherein a content of the LiNbO3 is 15.7 at % or more based on the total of the first and second niobium compounds included in the positive active material (95% or more)[0108]. Further, Campbell teaches that lithium niobate is preferred as it selectively forms on the surface of the cathode material thereby improving conductivity [0079]. Then, it would have been obvious to one of ordinary skill in the art to combine the coating composition of Campbell into the material of combined Choi to improve conductivity.
Claim 10 is rejected under 35 U.S.C. 103 by Choi, US20210167381A1 and Ito, US20180212233A1 as applied to claim 1 above, and further in view of Kaneda, US20210280864A1.
Regarding claim 10, combined Choi teaches the positive electrode active material of claim 1,
Combined Choi does not teach wherein: a content of niobium in the positive active material is 4,000 ppm or less based on the total of the positive active material
Kaneda teaches a positive electrode material for a lithium secondary battery [0001] wherein the positive electrode material is a lithium metal oxide particle including primary particles agglomerated to form a secondary particle structure [0026] wherein the primary particles and the secondary particles to have a coating layer comprising a niobium compound [0067][0068], wherein: a content of niobium in the positive active material is 4,000 ppm or less based on the total of the positive active material (1000 – 25000 ppm)[table 1]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists [MPEP 2144.05 I]. Further, Kaneda teaches that the niobium concentration within the positive active material within the claimed range increases conductivity while reducing reaction resistance [0062][0063]. Then, it would have been obvious to one of ordinary skill in the art to combine the concentration of Kaneda into the active material of combined Choi to increase conductivity and reduce resistance.
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
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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