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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu US20160260965A1 (cited in office action mailed 11 February 2025) in view of Jiang CN111244459A (using machine English translation provided 22 April 2025), Kim US20100203388A1 and Matsubara JPH1069910A (using machine English translation provided).
Regarding claim 1, Wu discloses a positive electrode material (Wu, [0071], Fig. 5, material 501) comprising a core-shell structure (Wu, [0090], Fig. 5, core 502, coating 503), wherein the core layer is a cobalt-free (Wu, [0071], Li1+x″NiαMnβCoγMδ′O2, where 0≦α≦1, 0≦β≦1, x″ = 0, γ = 0, δ′ = 0) single-crystal (Wu, [0039], “a cathode active particle having a cathode active material core”) positive electrode active substance (Wu, [0039]), and the shell layer (Wu, [0072], Fig. 5, coating 503) consists of LiAlO2 (Wu, [0072], AxBy, where A = LiAl, B = O, x = 1, y = 2) and LiFePO4 (Wu, [0072], AxBy, where A = LiFe, B = PO43-, x = 1, y = 1),
wherein the cobalt-free single-crystal positive electrode active substance is LiNi0.75Mn0.25O2 (Wu, [0071], Li1NiαMnβO2, where 0≦α≦1, 0≦β≦1, x″ = 0, γ = 0, δ′ = 0),
wherein a residual alkali content of the cobalt-free single-crystal positive electrode active substance is less than or equal to 0.5 wt %, it would be understood by the skilled artisan that absent a teaching of the residual alkali content the limitation is satisfied as the cobalt-free single-crystal positive electrode active substance disclosed by Wu is substantially similar to the claimed invention, similarly, the skilled artisan would understand that the substantially similar cobalt-free single-crystal positive electrode active substance disclosed by Wu satisfies the limitation a pH value of the cobalt-free single-crystal positive electrode active substance is less than or equal to 12, absent a teaching to the contrary.
Wu does not disclose wherein the content of the cobalt-free single-crystal positive electrode active substance is 98.5 wt% to 99.9wt%; wherein the content of LiAlO2 is 0.05 wt% to 0.5 wt%, and the content of LiFePO4 is 0.05 wt% to 1 wt%, and a specific surface area of the cobalt-free single-crystal positive electrode active substance is less than or equal to 2 m2/g.
Jiang teaches wherein the content of the cobalt-free single-crystal positive electrode active substance (Jiang, [0011], LiNixCoyM1-x-yO2, y = 0, 0.6<x≤0.9955, 0.0045<1-x<0.06) is 98.5 wt% to 99.9wt% (Jiang, [0016], shell is 0.2 to 5 wt%, therefore the core is 95 to 99.8 wt%), wherein the content of LiAlO2 is 0.05 wt% to 0.5 wt% (Jiang, [0016], 0.2 wt% to 5 wt%). Therefore it would be obvious to the skilled artisan to modify the wt% of the active substance and LiAlO2 shell of Wu with the teaching of Jiang, thereby reducing the loss of specific capacity (Jiang, [0097]). Wu as modified by Jiang does not teach wherein the content of LiFePO4 is 0.05 wt% to 1 wt%, and a specific surface area of the cobalt-free single-crystal positive electrode active substance is less than or equal to 2 m2/g.
Kim teaches wherein the content of LiFePO4 is 0.05 wt% to 1 wt% (Kim, Table 1, example 4, 0.5%). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LiFePO4 wt% of Wu as modified by Jiang with the teaching of Kim, thereby improving safety (Kim, [0110]). Wu as modified by Jiang and Kim does not teach a specific surface area of the cobalt-free single-crystal positive electrode active substance is less than or equal to 2 m2/g.
Matsubara teaches a specific surface area of the cobalt-free single-crystal positive electrode active substance (Matsubara, [0039]) is less than or equal to 2 m2/g (Matsubara, [0059], 0.01 to 1 m2/g). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the specific surface are of the cobalt-free single-crystal positive electrode active substance of Wu as modified by Jiang and Kim with the teaching of Matsubara, thereby having low reactivity with the electrolyte (Matsubara, [0059]).
Regarding claim 26, Wu discloses a lithium-ion battery (Wu, [0071]), comprising a positive electrode material (Wu, [0071], Fig. 5, material 501) comprising a core-shell structure (Wu, [0090], Fig. 5, core 502, coating 503), wherein the core layer is a cobalt-free (Wu, [0071], Li1+x″NiαMnβCoγMδ′O2, where 0≦α≦1, 0≦β≦1, x″ = 0, γ = 0, δ′ = 0) single-crystal (Wu, [0039], “a cathode active particle having a cathode active material core”) positive electrode active substance (Wu, [0039]), and the shell layer (Wu, [0072], Fig. 5, coating 503) consists of LiAlO2 (Wu, [0072], AxBy, where A = LiAl, B = O, x = 1, y = 2) and LiFePO4 (Wu, [0072], AxBy, where A = LiFe, B = PO43-, x = 1, y = 1),
wherein the cobalt-free single-crystal positive electrode active substance is LiNi0.75Mn0.25O2 (Wu, [0071], Li1NiαMnβO2, where 0≦α≦1, 0≦β≦1, x″ = 0, γ = 0, δ′ = 0),
wherein a residual alkali content of the cobalt-free single-crystal positive electrode active substance is less than or equal to 0.5 wt %, it would be understood by the skilled artisan that absent a teaching of the residual alkali content the limitation is satisfied as the cobalt-free single-crystal positive electrode active substance disclosed by Wu is substantially similar to the claimed invention, similarly, the skilled artisan would understand that the substantially similar cobalt-free single-crystal positive electrode active substance disclosed by Wu satisfies the limitation a pH value of the cobalt-free single-crystal positive electrode active substance is less than or equal to 12, absent a teaching to the contrary.
Wu does not disclose wherein the content of the cobalt-free single-crystal positive electrode active substance is 98.5 wt% to 99.9wt%; wherein the content of LiAlO2 is 0.05 wt% to 0.5 wt%, and the content of LiFePO4 is 0.05 wt% to 1 wt%, and a specific surface area of the cobalt-free single-crystal positive electrode active substance is less than or equal to 2 m2/g.
Jiang teaches wherein the content of the cobalt-free single-crystal positive electrode active substance (Jiang, [0011], LiNixCoyM1-x-yO2, y = 0, 0.6<x≤0.9955, 0.0045<1-x<0.06) is 98.5 wt% to 99.9wt% (Jiang, [0016], shell is 0.2 to 5 wt%, therefore the core is 95 to 99.8 wt%), wherein the content of LiAlO2 is 0.05 wt% to 0.5 wt% (Jiang, [0016], 0.2 wt% to 5 wt%). Therefore it would be obvious to the skilled artisan to modify the wt% of the active substance and LiAlO2 shell of Wu with the teaching of Jiang, thereby reducing the loss of specific capacity (Jiang, [0097]). Wu as modified by Jiang does not teach wherein the content of LiFePO4 is 0.05 wt% to 1 wt%, and a specific surface area of the cobalt-free single-crystal positive electrode active substance is less than or equal to 2 m2/g.
Kim teaches wherein the content of LiFePO4 is 0.05 wt% to 1 wt% (Kim, Table 1, example 4, 0.5%). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LiFePO4 wt% of Wu as modified by Jiang with the teaching of Kim, thereby improving safety (Kim, [0110]). Wu as modified by Jiang and Kim does not teach a specific surface area of the cobalt-free single-crystal positive electrode active substance is less than or equal to 2 m2/g.
Matsubara teaches a specific surface area of the cobalt-free single-crystal positive electrode active substance (Matsubara, [0039]) is less than or equal to 2 m2/g (Matsubara, [0059], 0.01 to 1 m2/g). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the specific surface are of the cobalt-free single-crystal positive electrode active substance of Wu as modified by Jiang and Kim with the teaching of Matsubara, thereby having low reactivity with the electrolyte (Matsubara, [0059]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The examiner notes that applicant has argued that because each of the references individually do not bodily incorporate the claim limitations that the combination is inappropriate, thus, no motivation exists for this inappropriate combination. The Courts have held that a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. See MPEP § 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hong US20160164078A1 (discloses a cobalt free cathode material comprising a LiFePO4 shell with a 0.5 to 5 wt% content).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723