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 .
Response to Amendment
The amendment filed 09/02/2025 has been entered. Claims 1-20 are currently pending. Claims 1-8 are withdrawn. Claims 9, 10, 15, and 16 are currently amended. Support for the amended claims is found in the claims as originally filed. The rejection of claims 9-20 under 35 U.S.C. 112(b) set forth in the previous Office Action are withdrawn in view of the detail provided in paragraphs 0056-0057 of the instant specification.
Claim Rejections - 35 USC § 103
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.
Claims 9-12, 14-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida et al. (US 20080160409 A1) in view of Kaneda et al. (US 20200388841 A1).
Regarding claims 9-12, Ishida discloses lithium manganese oxide particles (paragraphs 0102, 0147, figure 1) comprising: a lithium manganese core particle (paragraph 0102, figure 1, active material particle 11) comprising LixMn2O4, where 0.75 ≤ x ≤1.25 (paragraph 0147, LiMn2O4); and a catalyst particle (paragraphs 0037-0042). Ishida is silent regarding the catalyst being selected from the group consisting of Nb, Nb2O3, Nb2O5, MnMoO4, LiNbO3, LaNbO4, and a combination thereof.
Kaneda discloses a lithium transition metal oxide active material containing a secondary particle formed of primary particles and a lithium-niobium compound which is present on the surface of the primary particles (Kaneda paragraph 0027, figure 1A). Kaneda further discloses that the lithium-niobium compound can preferably contain LiNbO3 (Kaneda paragraph 0028) and is present as particles on the surfaces of primary particles (Kaneda paragraph 0061, figure 1A, lithium-niobium compound 4). The reference teaches that the compound is high in lithium ion conductivity and facilitates movement of lithium ions in addition to having high stability. As a result, the compound can inhibit deterioration of the active material, providing extremely high durability (Kaneda paragraph 0063). Kaneda and Ishida are analogous because they both disclose surface modified lithium transition metal oxide active materials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the active material disclosed by Ishida to include the LiNbO3 particles as the catalyst as disclosed by Kaneda. Doing so would improve stability of the active material.
Ishida is silent regarding the lithium manganese oxide particles being substantially round. However given the lithium manganese oxide particles of modified Ishida have the same composition, it is the Office’s position the particles of modified Ishida would also have the same shape. "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). MPEP 2112.01 II. Additionally there is no evidence on the record to suggest the particles of the prior art have a different shape.
Regarding claim 14 modified Ishida discloses the limitations of claim 9. Ishida further discloses that one or more of the following is satisfied: (i) the catalyst particle is present on a surface of the lithium manganese core particle (paragraph 0042, figure 1); and (iii) the lithium manganese core particle is discrete from the catalyst particle (paragraph 0104, figure 2).
Regarding claims 15-17, Ishida discloses an electrochemical cell (paragraph 0001) comprising: a positive electrode comprising a first electroactive material (paragraph 0066) comprising: lithium manganese oxide particles (paragraphs 0102, 0147, figure 1) comprising: a lithium manganese core particle (paragraph 0102, figure 1, active material particle 11) comprising LixMn2O4, where 0.75 ≤ x ≤1.25 (paragraph 0147, LiMn2O4); a catalyst particle (paragraphs 0037-0042); a negative electrode comprising a second electroactive material (paragraph 0066), wherein the positive electrode is spaced apart from the negative electrode; a porous separator disposed between confronting surfaces of the positive electrode and the negative electrode (paragraph 0069); and a liquid electrolyte infiltrating one or more of the positive electrode, the negative electrode, and the porous separator (paragraph 0136). Ishida is silent regarding the catalyst being selected from the group consisting of Nb, Nb2O3, Nb2O5, MnMoO4, LiNbO3, LaNbO4, and a combination thereof.
Kaneda discloses a lithium transition metal oxide active material containing a secondary particle formed of primary particles and a lithium-niobium compound which is present on the surface of the primary particles (Kaneda paragraph 0027, figure 1A). Kaneda further discloses that the lithium-niobium compound can preferably contain LiNbO3 (Kaneda paragraph 0028) and is present as particles on the surfaces of primary particles (Kaneda paragraph 0061, figure 1A, lithium-niobium compound 4). The reference teaches that the compound is high in lithium ion conductivity and facilitates movement of lithium ions in addition to having high stability. As a result, the compound can inhibit deterioration of the active material, providing extremely high durability (Kaneda paragraph 0063). Kaneda and Ishida are analogous because they both disclose surface modified lithium transition metal oxide active materials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the active material disclosed by Ishida to include the LiNbO3 particles as the catalyst as disclosed by Kaneda. Doing so would improve stability of the active material.
Ishida is silent regarding the lithium manganese oxide particles being substantially round. However given the lithium manganese oxide particles of modified Ishida have the same composition, it is the Office’s position the particles of modified Ishida would also have the same shape. "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). MPEP 2112.01 II. Additionally there is no evidence on the record to suggest the particles of the prior art have a different shape.
Regarding claim 19, modified Ishida discloses the limitations of claim 15. Ishida further discloses that one or more of the following is satisfied: (i) the catalyst particle is present on a surface of the lithium manganese core particle (paragraph 0042, figure 1); and (iii) the lithium manganese core particle is discrete from the catalyst particle (paragraph 0104, figure 2).
Regarding claim 20, modified Ishida discloses the limitations of claim 15. Ishida further discloses that the second electroactive material comprises silicon, tin oxide, germanium, silicon oxide, or a combination thereof (paragraphs 0052, 0146).
Claims 9-12, 14-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida et al. (US 20080160409 A1) in view of in view of Kaneda et al. (US 20200388841 A1), and further in view of Kwak et al. (US 20150037678 A1).
Regarding claims 9-10, Ishida discloses lithium manganese oxide particles (paragraphs 0102, 0147, figure 1) comprising: a lithium manganese core particle (paragraph 0102, figure 1, active material particle 11) comprising LixMn2O4, where 0.75 ≤ x ≤1.25 (paragraph 0147, LiMn2O4); and a catalyst particle (paragraphs 0037-0042). Ishida is silent regarding the catalyst being selected from the group consisting of Nb, Nb2O3, Nb2O5, MnMoO4, LiNbO3, LaNbO4, and a combination thereof.
Kaneda discloses a lithium transition metal oxide active material containing a secondary particle formed of primary particles and a lithium-niobium compound which is present on the surface of the primary particles (Kaneda paragraph 0027, figure 1A). Kaneda further discloses that the lithium-niobium compound can preferably contain LiNbO3 (Kaneda paragraph 0028) and is present as particles on the surfaces of primary particles (Kaneda paragraph 0061, figure 1A, lithium-niobium compound 4). The reference teaches that the compound is high in lithium ion conductivity and facilitates movement of lithium ions in addition to having high stability. As a result, the compound can inhibit deterioration of the active material, providing extremely high durability (Kaneda paragraph 0063). Kaneda and Ishida are analogous because they both disclose surface modified lithium transition metal oxide active materials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the active material disclosed by Ishida to include the LiNbO3 particles as the catalyst as disclosed by Kaneda. Doing so would improve stability of the active material.
Ishida is silent regarding the lithium manganese oxide particles being substantially round. As pointed out above, it is expected the particles of Ishida have the same shape however in the alternative, it is the position of the obvious the claimed shapes are obvious.
Kwak discloses an active material comprising lithium manganese oxide particles within the claimed formula (Kwak paragraphs 0034, 0036-0037, when x, y, and z equal 0). Kwak further discloses that the particles are in a curved round shape by blunting the corners of the particles (Kwak paragraph 0034, figures 2-3). The reference teaches that the curved particles improve life characteristics, and charge and discharge capacity characteristics by addressing limitations such as the Jahn-Teller distortion and the dissolution of Mn2+ (Kwak paragraph 0034). Kwak and Ishida are analogous because they both disclose active materials comprising lithium manganese oxide particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be round as disclosed by Kwak. Doing so would improve life characteristics, and charge and discharge capacity characteristics.
Regarding claim 11, modified Ishida discloses the limitations of claim 9. Ishida is silent regarding the substantially round shape of the lithium manganese oxide particles being a sphere or an oblate spheroid.
Kwak discloses an active material comprising lithium manganese oxide particles within the claimed formula (Kwak paragraphs 0034, 0036-0037, when x, y, and z equal 0). Kwak further discloses that the particles are in a curved round shape and may be spherical (Kwak paragraph 0034, 0040). The reference teaches that the curved particles improve life characteristics, and charge and discharge capacity characteristics by addressing limitations such as the Jahn-Teller distortion and the dissolution of Mn2+ (Kwak paragraph 0034). Kwak and Ishida are analogous because they both disclose active materials comprising lithium manganese oxide particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be spherical as disclosed by Kwak. Doing so would improve life characteristics, and charge and discharge capacity characteristics.
Regarding claim 12, modified Ishida discloses the limitations of claim 9. Ishida is silent regarding the substantially round shape of the lithium manganese oxide particles comprising a flat surface.
Kwak discloses an active material comprising lithium manganese oxide particles within the claimed formula (Kwak paragraphs 0034, 0036-0037, when x, y, and z equal 0). Kwak further discloses that the particles are in a curved round shape (Kwak paragraph 0034, 0040) and have a flat surface (Kwak annotated figure 3). The reference teaches that the particles improve life characteristics, and charge and discharge capacity characteristics by addressing limitations such as the Jahn-Teller distortion and the dissolution of Mn2+ (Kwak paragraph 0034). Kwak and Ishida are analogous because they both disclose active materials comprising lithium manganese oxide particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be round and comprise a flat surface as disclosed by Kwak. Doing so would improve life characteristics, and charge and discharge capacity characteristics.
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Regarding claim 14, modified Ishida discloses the limitations of claim 9. Ishida further discloses that one or more of the following is satisfied: (i) the catalyst particle is present on a surface of the lithium manganese core particle (paragraph 0042, figure 1); and (iii) the lithium manganese core particle is discrete from the catalyst particle (paragraph 0104, figure 2).
Regarding claims 15-16, Ishida discloses an electrochemical cell (paragraph 0001) comprising: a positive electrode comprising a first electroactive material (paragraph 0066) comprising: lithium manganese oxide particles (paragraphs 0102, 0147, figure 1) comprising: a lithium manganese core particle (paragraph 0102, figure 1, active material particle 11) comprising LixMn2O4, where 0.75 ≤ x ≤1.25 (paragraph 0147, LiMn2O4); a catalyst particle (paragraphs 0037-0042); a negative electrode comprising a second electroactive material (paragraph 0066), wherein the positive electrode is spaced apart from the negative electrode; a porous separator disposed between confronting surfaces of the positive electrode and the negative electrode (paragraph 0069); and a liquid electrolyte infiltrating one or more of the positive electrode, the negative electrode, and the porous separator (paragraph 0136). Ishida is silent regarding the catalyst being selected from the group consisting of Nb, Nb2O3, Nb2O5, MnMoO4, LiNbO3, LaNbO4, and a combination thereof.
Kaneda discloses a lithium transition metal oxide active material containing a secondary particle formed of primary particles and a lithium-niobium compound which is present on the surface of the primary particles (Kaneda paragraph 0027, figure 1A). Kaneda further discloses that the lithium-niobium compound can preferably contain LiNbO3 (Kaneda paragraph 0028) and is present as particles on the surfaces of primary particles (Kaneda paragraph 0061, figure 1A, lithium-niobium compound 4). The reference teaches that the compound is high in lithium ion conductivity and facilitates movement of lithium ions in addition to having high stability. As a result, the compound can inhibit deterioration of the active material, providing extremely high durability (Kaneda paragraph 0063). Kaneda and Ishida are analogous because they both disclose surface modified lithium transition metal oxide active materials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the active material disclosed by Ishida to include the LiNbO3 particles as the catalyst as disclosed by Kaneda. Doing so would improve stability of the active material.
Ishida is silent regarding the lithium manganese oxide particles being substantially round. Kwak discloses an active material comprising lithium manganese oxide particles within the claimed formula (Kwak paragraphs 0034, 0036-0037, when x, y, and z equal 0). Kwak further discloses that the particles are in a curved round shape by blunting the corners of the particles (Kwak paragraph 0034, figures 2-3). The reference teaches that the curved particles improve life characteristics, and charge and discharge capacity characteristics by addressing limitations such as the Jahn-Teller distortion and the dissolution of Mn2+ (Kwak paragraph 0034). Kwak and Ishida are analogous because they both disclose active materials comprising lithium manganese oxide particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be round as disclosed by Kwak. Doing so would improve life characteristics, and charge and discharge capacity characteristics.
Regarding claim 17, modified Ishida discloses the limitations of claim 15. Ishida is silent regarding the lithium manganese oxide particles being a sphere or an oblate spheroid and/or the substantially round shape of the lithium manganese oxide particles comprising a flat surface.
Kwak discloses an active material comprising lithium manganese oxide particles within the claimed formula (Kwak paragraphs 0034, 0036-0037, when x, y, and z equal 0). Kwak further discloses that the particles are in a curved round shape and may be spherical (Kwak paragraph 0034, 0040), and may comprise a flat surface (Kwak annotated figure 3). The reference teaches that the curved particles improve life characteristics, and charge and discharge capacity characteristics by addressing limitations such as the Jahn-Teller distortion and the dissolution of Mn2+ (Kwak paragraph 0034). Kwak and Ishida are analogous because they both disclose active materials comprising lithium manganese oxide particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be spherical as disclosed by Kwak. Doing so would improve life characteristics, and charge and discharge capacity characteristics.
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Regarding claim 19, modified Ishida discloses the limitations of claim 15. Ishida further discloses that one or more of the following is satisfied: (i) the catalyst particle is present on a surface of the lithium manganese core particle (paragraph 0042, figure 1); and (iii) the lithium manganese core particle is discrete from the catalyst particle (paragraph 0104, figure 2).
Regarding claim 20, modified Ishida discloses the limitations of claim 15. Ishida further discloses that the second electroactive material comprises silicon, tin oxide, germanium, silicon oxide, or a combination thereof (paragraphs 0052, 0146).
Claims 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida et al. (US 20080160409 A1) in view of Kaneda et al. (US 20200388841 A1) and Kwak et al. (US 20150037678 A1) as applied to claims 9 and 15, and further in view of Suzuki et al. (US 20090200509 A1).
Regarding claim 13, modified Ishida discloses the limitations of claim 9. Ishida is silent regarding a metal oxide layer on at least a portion of a surface of the lithium manganese oxide particles, wherein the metal oxide layer comprises Al2O3, ZrO2, MgO, or a combination thereof.
Suzuki discloses an active material comprising a metal oxide, and a coating comprising a second metal oxide (Suzuki abstract, paragraph 0018). Suzuki further discloses that the active material may be LiMn2O4 particles coated on the surface with ZrO2 (Suzuki paragraph 0119). The reference teaches that the coated material provides a good charge-discharge cycle performance at high temperatures by suppressing extraction of the core particle elements (Suzuki paragraph 0024). Suzuki and Ishida are analogous because they both disclose lithium manganese oxide active material particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be coated as disclosed by Suzuki. Doing so would provide a good charge-discharge cycle performance.
Regarding claim 18, modified Ishida discloses the limitations of claim 15. Ishida is silent regarding a metal oxide layer on at least a portion of a surface of the lithium manganese oxide particles, wherein the metal oxide layer comprises Al2O3, ZrO2, MgO, or a combination thereof.
Suzuki discloses an active material comprising a metal oxide, and a coating comprising a second metal oxide (Suzuki abstract, paragraph 0018). Suzuki further discloses that the active material may be LiMn2O4 particles coated on the surface with ZrO2 (Suzuki paragraph 0119). The reference teaches that the coated material provides a good charge-discharge cycle performance at high temperatures by suppressing extraction of the core particle elements (Suzuki paragraph 0024). Suzuki and Ishida are analogous because they both disclose lithium manganese oxide active material particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles disclosed by Ishida to be coated as disclosed by Suzuki. Doing so would provide a good charge-discharge cycle performance.
Response to Arguments
Applicant’s arguments with respect to claim(s) 9-20 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.
Regarding claims 9-20, Applicant argues that Ishida fails to disclose, teach, or suggest the claimed group of catalyst particles. However, Kaneda does disclose particles with the formula LiNbO3 on the surface of the active material particles for the purpose of improving stability, therefore rendering the claim obvious in view of the cited prior art (see claims 9 and 15 rejections).
Conclusion
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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/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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