DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/09/2026 has been entered.
Response to Amendment
Examiner notes the following amendments made to the claims:
Claim 1 amended
Response to Arguments
Applicant’s arguments filed 07/09/2026 with respect to claim(s) 1-4 and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically new art was found to reject claim 1 and all arguments presented were directed towards the rejection of claim 1 under the previously applied prior art.
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.
Claim 1, 3-4, 6 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jo (US 20180316007 A1) in view of Paulsen (US 20110260099 A1).
Regarding claim 1, Jo teaches all of the following elements. Specifically, Jo teaches every element of claim 1 except for the fact that the M2 used as a dopant is provided into the mixture in an aqueous solution:
A method of producing a positive electrode active material for a non-aqueous electrolyte secondary battery, (“Preparation of Positive Electrode Active Material” Jo [0027] and “The non-aqueous electrolyte containing lithium salts is composed of a non-aqueous electrolyte and lithium salt.” Jo [0016] and “the present invention relates to a positive electrode active material with a concentration gradient of a dopant for a lithium secondary battery.” Jo [0002])
the positive electrode active material including: a lithium-transition metal composite oxide capable of occluding and releasing Li, wherein the lithium-transition metal composite oxide is represented by the general formula LixM1yOzFw, wherein 0.5 ≤ x < 3.1, 1 ≤ y < 2, 2 ≤ z+w ≤ 4, (“In particular, when a high voltage is applied to LiCoO.sub.2 in order to develop a high capacity secondary battery, Li usage of LiCoO.sub.2 is increased, which may increase possibility of surface instability and structural instability.” Jo [0007]. In this case, LiCoO2 is the lithium transition metal composite oxide meeting all of the above limitations)
and M1 represents at least one or more elements selected from the group consisting of Ni, Co, Mn, Ti, Fe, Al, Ge, Si, and Nb; (As seen above, Co is used as the M1 in the lithium transition metal composite oxide, and thus meets the above limitation.)
and the positive electrode active material includes M2 inside secondary particles of the lithium-transition metal composite oxide, (“To solve these problems, a method of doping or coating the surface of LiCoO.sub.2 with a metal such as Al, Ti, Mg, or Zr is generally suggested” Jo [0008] In this case, the dopant functions as M2 and is inside secondary particles of the lithium-transition metal composite oxide.)
wherein M2 represents at least one or more elements selected from the group consisting of Ca, Sr, Sc, Er, Y, Zr, and W, (As shown above, Jo teaches a dopant that can comprise Zr—if Zr were chosen as the dopant, then the above limitation would be met. It would be obvious for one of ordinary skill in the art to choose Zr as the dopant as it is listed as an option of dopants for LiCoO2 in order to improve characteristics.)
wherein the method comprising: mixing
a composite compound containing no Li, (Co3O4 Jo [0034])
a Li source, (Li2CO3 Jo [0034])
and an aqueous solution in which an M2 source is dissolved, (Al2O3 provided in example, but paragraph [0008] teaches that Zr is also a suitable dopant, and therefore would be obvious to substitute)
calcining to thereby allow the M2 to be unevenly distributed inside the secondary particles of the lithium-transition metal composite oxide. (“31 g of Co.sub.3O.sub.4, 19.0 g of Li.sub.2CO.sub.3, and 26.9 mg of Al.sub.2O.sub.3 were weighed and sufficiently dry-mixed to obtain a mixture. The mixture was calcined at 900° C. to 1,100° C. for 5 hours to 20 hours to obtain a calcination product,” Jo [0034] and “As described above, the positive electrode active material according to the present invention includes a dopant diffusing from the surface of a lithium transition metal oxide particle, in which the dopant is distributed with an increasing concentration gradient from the center of the particle toward the surface thereof. Therefore, surface stability of the lithium transition metal oxide may be improved even by a small amount of the dopant with a concentration gradient on the surface of the positive electrode active material, and side reaction between a transition metal constituting the lithium transition metal oxide and an electrolyte may be suppressed, thereby preventing deterioration of overall performances of a lithium secondary battery and improving a lifetime characteristic and stability of the battery.” Jo [0045]. Jo clearly teaches the uneven distribution of M2 throughout the particle. Since this is also the same method as the instant application, it would be obvious that there would also be an uneven distribution within secondary particles, as would be caused by the process of mixing the three components and calcining.)
The only limitation of claim 1 that Jo fails to teach is that the M2 is mixed with the composite compound containing no Li and the Li source in an aqueous medium. However, Paulsen teaches all of the elements of claim 1 that are not found in Jo. Specifically, Paulsen teaches a method of doping a lithium composite oxide with either calcium or strontium nitrate, and teaches the introduction of this material into the method of producing in an aqueous medium:
and an aqueous solution in which an M2 source is dissolved, (“The additive (Ca, Sr) was added by the previously described "slurry doping" process. Appropriate amounts of solution of Sr(NO.sub.3).sub.2 and Ca(NO.sub.3).sub.2 were added to a high viscous slurry of the precursor hydroxide during rigid stirring.” Paulsen [0157])
Paulsen is considered to be analogous to Jo because they are both directed at methods of producing positive electrode active materials, specifically positive electrode active materials which intentionally dope the composite oxide particles in order to improve properties. Paulsen additionally teaches that Zr is a suitable option for a dopant, which is the same as in Jo (“Preferably also M is consisting of at least 99% of either one or more elements of the group Ni, Mn, Co, Al, Mg and Ti. In one embodiment M' is consisting of either one or more elements of the group Ca, Sr, Y, La, Ce and Zr,” Paulsen [0030]) Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the dopant of Jo to be either Ca or Sr, and to specifically introduce the dopant in an aqueous solution and in the form of Strontium or Calcium nitrate. Paulsen teaches that doping with the cited materials improved electrochemical properties (“It is an object of this invention to develop lithium transition metal oxide cathode materials having improved electrochemical properties, like capacity, voltage profile and rate performance;” Paulsen [0026]) Additionally, this modification would only require substituting the dopant of Jo, which can be Zr, with the dopant of Paulsen, which can be Zr, Ca, or Sr, among others. This would be the selection of a known doping material based on the teachings in the prior art, and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). In this case, Sr and Ca clearly have suitability for this use, as is taught by Paulsen.
By modifying Jo with the teachings of Paulsen, the additional limitations of claims 3-4 and 6 would all be met without requiring any further modification or motivation:
Regarding claim 3, modified Jo teaches all of the elements of claim 1, as shown above. Jo is silent on the following elements of claim 3:
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 1, wherein the M2 includes at least one or more elements selected from the group consisting of Ca and Sr.
However, Paulsen teaches all of the elements of claim 3 that are not found in Jo:
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 1, wherein the M2 includes at least one or more elements selected from the group consisting of Ca and Sr. (“The additive (Ca, Sr) was added by the previously described "slurry doping" process. Appropriate amounts of solution of Sr(NO.sub.3).sub.2 and Ca(NO.sub.3).sub.2 were added to a high viscous slurry of the precursor hydroxide during rigid stirring.” Paulsen [0157]. By using Ca or Sr as the additive/dopant, all of the limitations of claim 3 would be met.)
Regarding claim 4, modified Jo teaches all of the elements of claim 1, as shown above.
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 1, wherein a mole fraction of M2 based on a total number of moles of metal elements excluding Li contained in the lithium-transition metal composite oxide is 0.2% to 10%. (“LiCoO.sub.2 as a lithium transition metal oxide particle and Al.sub.2O.sub.3 as a doping precursor were mixed at a molar ratio of Co:Al of 99.7:0.3, and then heat-treated at 750° C. for 8 hours to prepare a positive electrode active material particle of LiCo.sub.0.997Al.sub.0.003O.sub.2 in which Al was doped onto lithium cobalt oxide to diffuse into the center thereof.” Jo [0031]. Jo teaches a method of doping where there is a 0.3% quantity of M2 present. Thus, if the method of Jo were maintained but the dopant were substituted with that of Paulsen, there would be a 0.3% fraction of M2, M2 being any of Zr, Sr, or Ca among others, compared to non-lithium elements, which would meet the above limitation.)
Regarding claim 6, modified Jo teaches all of the elements of claim 3, as shown above. Jo is silent on the following elements of claim 6:
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 3, wherein the aqueous solution in which a M2 source is dissolved is an aqueous solution in at least one or more selected from a group consisting of Ca(NO3)2 and Sr(NO3)2 is dissolved.
However, Paulsen teaches all of the elements of claim 6 that are not found in Jo:
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 3, wherein the aqueous solution in which a M2 source is dissolved is an aqueous solution in at least one or more selected from a group consisting of Ca(NO3)2 and Sr(NO3)2 is dissolved. (“The additive (Ca, Sr) was added by the previously described "slurry doping" process. Appropriate amounts of solution of Sr(NO.sub.3).sub.2 and Ca(NO.sub.3).sub.2 were added to a high viscous slurry of the precursor hydroxide during rigid stirring.” Paulsen [0157]. By using Calcium or Strontium nitrate as the method of dissolving an M2 source in an aqueous solution, as taught by Paulsen, all of the limitations of claim 6 would be met.)
Claim 2 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jo (US 20180316007 A1) in view of Paulsen (US 20110260099 A1) and further in view of Baek (US 20200083524 A1).
Regarding claim 2, modified Jo teaches all of the elements of claim 1, as shown above. Jo is silent on the following elements of claim 2:
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 1, wherein the lithium-transition metal composite oxide is represented by the general formula Li1+α,Ni0.5-βMn1.5- γM2β+γOaFb, wherein 0 ≤ α ≤ 0.2, 0 ≤ β < 0.2, 0 ≤ y < 0.5, 0 ≤ b ≤ 0.2 ,3.8 ≤ a+b ≤ 4.2, and M2 represents at least one or more elements selected from the group consisting of Ti, Fe, Al, Ge, Si, and Nb.
However, Baek teaches all of the elements of claim 2 that are not found in Jo or Paulsen:
The method of producing the positive electrode active material for the non-aqueous electrolyte secondary battery according to claim 1, wherein the lithium-transition metal composite oxide is represented by the general formula Li1+α,Ni0.5-βMn1.5- γM2β+γOaFb, wherein 0 ≤ α ≤ 0.2, 0 ≤ β < 0.2, 0 ≤ y < 0.5, 0 ≤ b ≤ 0.2 ,3.8 ≤ a+b ≤ 4.2, and M2 represents at least one or more elements selected from the group consisting of Ti, Fe, Al, Ge, Si, and Nb. (“the first positive electrode active material includes a lithium manganese oxide represented by Formula 1 … Li1+aMn2-bM1bO4-cAc [Formula 1] In Formula 1, M1 is at least one element selected from the group consisting of Al, lithium (Li), Mg, Zn, B, W, Ni, Co, Fe, Cr, V, ruthenium (Ru), Cu, cadmium (Cd), silver (Ag), yttrium (Y), scandium (Sc), gallium (Ga), indium (In), arsenic (As), Sb, platinum (Pt), gold (Au), and Si, A is at least one element selected from the group consisting of F, chlorine (Cl), bromine (Br), iodine (I), astatine (At), and S, 0≤a≤0.2, 0<b≤0.5, and 0≤c≤0.1;” Baek [0009-0010] In this case, if a were 0, b were 0.5, and c were 0.1, a composition could be made with the formula Li1Mn1.5Ni0.5O3.9F0.1, which would meet the limitations of claim 1, given that if β and y are both equal to 0, the molar ratio of M2 would also be 0)
The examiner takes note of the fact that the prior art ranges for the molar ratio and element selection of M1 (Ni in this case), A (F in this case), and M2 (not present in this case), shown in the table below, overlap or encompass the claimed ranges for the same parameters. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Claim 2
Baek Formula 1
Li1+α,Ni0.5-βMn1.5-γM2β+γOaFb
Subscript range
Li1+aMn2-bM1bO4-cAc
Subscript range
Li
1≤ Li1.2
Li
1≤1+a≤1.2
Ni
0 ≤ β < 0.2
M1 (Al, Li, Mg, Zn, B, W, Ni, Co, Fe, Cr, V, Ru, Cu, Cd, Ag, Y, Sc , Ga, In, As, Sb, Pt, Au, Si)
2- b + b = 2;
0<b≤0.5
Mn
0 ≤ y < 0.5
Mn
O
3.8≤a+b≤4.2
O
4-c; 0≤c≤0.1
F
3.8≤a+b≤4.2
A (F, Cl, Br, I, At, S)
0≤c≤0.1
M2 (Ti, Fe, Al, Ge, Si, and Nb)
0 ≤ β < 0.2 , 0 ≤ y < 0.5,M2β+yIn the case of being unpatentable over the material of Baek, both β and y would be 0, and therefore no M2 would be present.
N/A
N/A
Baek is considered to be analogous to Jo because they are both within the same field of positive electrode active materials comprising lithium composite oxides. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method of Jo to substitute the lithium composite oxide of Jo with that of Baek. This would only require the simple substitution of one known lithium composite oxide for another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
Conclusion
The following references were discovered in an updated search and were considered to be relevant, but were not used in the above rejection:
Choi (US 20200062613 A1) teaches a positive electrode active material comprising a lithium composite oxide and having a primary and secondary particle, where the secondary particle explicitly has a concentration gradient of M2, and wherein M2 can comprise at least Zr.
Celasun (US 20210119204 A1)—teaches the preparation of a positive electrode active material comprising a lithium composite oxide which is doped with Co having a concentration gradient in a monolithic particle (i.e. a secondary particle which ideally contains only one primary particle). It would be obvious to substitute the Co with Sr, Ca, or other M2 options to meet the limitations of claim 1.
Tsunozaki (US 20130236788 A1)—teaches the doping of a lithium containing composite oxide with numerous materials, including strontium oxide (Tsunozaki [0093])
Kwak (US 20160028077 A1)—teaches the preparation method of a cathode active material which includes a concentration gradient of Zr, as well as a lithium composite oxide
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN ELI KASS-MULLET whose telephone number is (571)272-0156. The examiner can normally be reached Monday-Friday 8:30am-6pm except for the first Friday of bi-week.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
