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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/7/2026 has been entered.
Claim Status
This Office action is in response to the amendment filed on 7/7/2026.
Claims 1, 2, 4, 31 and 32 have been amended.
Claims 9, 26 and 32 have been cancelled.
Claims 33-36 are newly added.
Claims 1-8,10-25,27-31 and 33-36 are currently pending, of which 13-23, 25, and 27-30 are withdrawn.
Response to Arguments
Applicant's arguments filed 7/7/2026 have been fully considered but they are not persuasive. Applicant's entire argument rests on the newly added limitation "each of the plurality of discrete layers independently comprises a single compound comprising a dopant as a sole cathode active material." The examiner is not persuaded by this argument for at least the following reason, the examiner cannot find support in the instant specification for this limitation of the claim. Furthermore, the limitation the way it is currently written is not clearly defined because it is not clear if only one dopant is allowed in the active material or if the "each active material" must be accompanied by its own designated dopant. There is also an antecedent issue as to how many dopants are claimed. This interpretation is also backed up by the multiple formulas that are claimed in claims 12 and 30, if this is not a correct interpretation of the claim then a §112(d) issue arises as the dependent claims do not further narrow the limitations of the claim that it depends upon. The §112 rejections below go into further detail below.
Claim Objections
Claim 35 is objected to because of the following informalities: The fourth line of the claim has a typographical error and reads, "wherein the three of greater layers comprises" and should read, " wherein the three or greater layers comprises". Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-8, 10-12, 24, 24, 31 and 34-36 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. Claims 1 and 31 are rejected because the limitation "each of the plurality of discrete layers independently comprises a single compound comprising a dopant as a sole cathode active material" has no support in the instant specification. The remaining claims stand rejected as being dependent on a rejected base claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-8, 10-12, 24, 24, 31 and 34-36 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 and 31 stand rejected because the limitation “each of the plurality of discrete layers independently comprises a single compound comprising a dopant as a sole cathode active material” is confusing and unclear. The presence of a dopant is in and of itself a second material. For examination purposes the limitation of the claims will be interpreted as a dopant with a change in concentration is present in the active material.
Claim 1 recites the limitation "a dopant" in the last line of . There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is read as the dopant introduced earlier in the claim or an entirely new dopant. For examination purposes the claim will be interpreted as a new dopant.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8, 12, 24, 31 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200091515 A1, TAKEZAWA et al.
Regarding claims 1 and 8. TAKEZAWA [0021] discloses in annotated figure 2 depicted below a cathode called a positive electrode (11) comprising:
a cathode current collector called a positive electrode current collector (30); and
a cathode active material layer called a positive electrode mixture layer (32) disposed on the cathode current collector and comprising
a first surface ( top of 32a), and
a second surface opposite the first surface and adjacent to the cathode current collector ( bottom of 32b),
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wherein TAKEZAWA [0070] in Example 10 the cathode active material layer comprises a cathode active material comprising a dopant in example 10 aluminum which also satisfies the limitation of claim 8, and wherein
a concentration of the dopant decreases in a direction from the first surface to the second surface Example 10 has LiNi10.88Co0.09Al0.03O2 nearest to the surface (first surface) and LiNi0.76Co0.14Mn0.10O2 nearest to the current collector (second surface) this also yields the mol% of Al to be 0.167 mol%. In other words the dopant in this case aluminum goes from 0.167 mol% to 0 % meeting the limitations of this claim.
and the concentration of the dopant in the doped cathode active material is 0.01 mole percent to 5 mol% in the instant case the above formulas yield 0.167 mol% which is within the claimed range with sufficient specificity.
TAKEZAWA discloses in the annotated figure depicted below the cathode active material layer comprises a plurality of discrete layers stacked in a thickness direction from the first surface toward the second surface, in example 10 the first surface (32) has a higher concentration of Al than the second surface.
each of the plurality of discrete layers independently comprises a single compound such as LiNi10.88Co0.09Al0.03O2 with Al as the dopant and LiNi0.76Co0.14Mn0.10O2 ------with Mn as the dopant.
Regarding claim 2. TAKEZAWA discloses the cathode of claim 1, wherein
TAKEZAWA [0055] discloses each layer has a substantially uniform dopant concentration, and the concentration gradient of the dopant of the layers decreases in a discontinuous or stepwise manner in the thickness direction, such that the layer immediately adjacent the second surface possesses a lowest dopant concentration among the plurality of layers which TAKEZAWA [0021] calls the positive electrode current collector (30).
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Regarding claims 3 and 4. TAKEZAWA discloses the cathode of claim 1, wherein
TAKEZAWA [0070] discloses in example 10 and the annotated figure 2 depicted below the cathode active material layer comprises a plurality (two) of discrete layers stacked in a thickness direction, and wherein
each layer (32) has a substantially uniform dopant concentration, and
the plurality of layers (32a and 32b) comprises
a first layer called a second positive electrode mixture layer (32b) adjacent the cathode current collector (30) and
a second layer called a first positive electrode mixture layer (32a) on a side of the first layer opposite the cathode current collector, and wherein
TAKEZAWA [0070] example 10 discloses a dopant concentration of aluminum in the first layer is lower than a dopant concentration of aluminum of the second layer. This also satisfies the limitation of claim 4 where the layers are arranged such that a dopant concentration of each successive layer decreases in the direction from the first surface towards the second surface.
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Regarding claim 5. TAKEZAWA discloses the cathode of claim 3, wherein
the plurality of layers comprises discrete layers L1 (32b) to Ln (32a), wherein
L1 (32b) is adjacent to the current collector (30) and Ln (32a) is on a side of the plurality of layers opposite the current collector which is called the first surface of (32a) in claim 1, wherein
each layer of the plurality of layers has a dopant concentration in this case aluminum (0%) C1 to Cn (Al is 0.167 mol%) corresponding to layers L1 (0% in 32b) to Ln (Al is 0.167 mol% in 32a), respectively, and
wherein the dopant concentrations C1 to Cn satisfy Formula 1:
Formula 1:
0 ≥ C(n-1) < Cn
wherein n is 2 to 1000 in this case of TAKEZAWA example 10 (n is 2).
Regarding claim 6. TAKEZAWA discloses the cathode of claim 5, wherein the dopant concentration of each of C1 to Cn is less than 10 mole percent, based on a total content of each discrete layer TAKEZAWA [0070] discloses in example 10 Al is between 0 and 0.167 mol%.
Regarding claims 7. The cathode of claim 1, wherein the dopant comprises a Group 2 to Group 16 elements belonging to the third period to sixth period of the Periodic Table of the Elements, boron, or a combination thereof TAKEZAWA [0070] discloses in example 10 Aluminum thereby also satisfying the limitations of claim 8.
Regarding claim 12. TAKEZAWA discloses the cathode of claim 1, wherein
the cathode active material layer comprises a compound represented by Chemical Formulas 1 to 4, or a combination thereof, thereof, wherein the compound includes the dopant incorporated into its structure:
Chemical Formula 1 is represented by TAKEZAWA [0024] where LixNiyCoαAlβMγO2-z wherein x, y, α, β, γ and z satisfy 0.95<x<1.2, 0.82≤y<1, 0<α≤0.15, 0<β≤0.03, 0≤γ≤0.02, y+α+β+γ=1, and 0≤z<0.05, which satisfies the limitation in the instantly claimed invention of claim 12
LiaCoxMyO2-αXα wherein, in Chemical Formula 1,
1.0≤ a ≤1.2, 0.9≤ x <1, 0< y ≤0.1, 0≤ α ≤0.2, and x+y=1,
When M is nickel, and manganese, and
X is F, S, Cl, Br, or a combination thereof;
Regarding claim 24. TAKEZAWA discloses the cathode of claim 1. While TAKEZAWA [0023] discloses wherein the cathode active material layer may include a conductive agent, and may can be considered optional thus, TAKEZAWA [0025] envisions the use of a cathode active material layer that is a conductive-agent-free layer.
Regarding claim 31. TAKEZAWA [0021] discloses in annotated figure 2 depicted below a cathode called a positive electrode (11) comprising:
a cathode current collector called a positive electrode current collector (30); and
a cathode active material layer called a positive electrode mixture layer (32) disposed on the cathode current collector and comprising
a first surface(top of 32a), and
a second surface (bottom of 32b) opposite the first surface and adjacent to the cathode current collector,
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wherein TAKEZAWA [0024] discloses the cathode active material layer comprises a compound represented by Chemical Formula 1 wherein
the compound represented by Chemical Formulas 1 includes the dopant represented by M, and a concentration of the dopant decreases (in this case aluminum) in a direction from the first surface at the top of (32a) to the second surface on the bottom of (32b),
Chemical Formula 1 is represented by TAKEZAWA [0024] where LixNiyCoαAlβMγO2-z wherein x, y, α, β, γ and z satisfy 0.95<x<1.2, 0.82≤y<1, 0<α≤0.15, 0<β≤0.03, 0≤γ≤0.02, y+α+β+γ=1, and 0≤z<0.05, which satisfies the limitation in the instantly claimed invention of claim 31
LiaCoxMyO2-αXα wherein, in Chemical Formula 1,
1.0≤ a ≤1.2, 0.9≤ x <1, 0< y ≤0.1, 0≤ α ≤0.2, and x+y=1,
When M is nickel, and manganese, and
X is F, S, CI, Br, or a combination thereof and,
TAKEZAWA discloses in the annotated figure depicted below the cathode active material layer comprises a plurality of discrete layers stacked in a thickness direction from the first surface toward the second surface, in example 10 the first surface (32) has a higher concentration of Al than the second surface,
each of the plurality of discrete layers independently comprises a single compound such as LiNi10.88Co0.09Al0.03O2 with Al as the dopant and LiNi0.76Co0.14Mn0.10O2 ------with Mn as the dopant.
Regarding claim 33. TAKEZAWA [0021] discloses in annotated figure 2 depicted below a cathode called a positive electrode (11) comprising:
a cathode current collector called a positive electrode current collector (30); and
a cathode active material layer called a positive electrode mixture layer (32) disposed on the cathode current collector and comprising
a first surface, and
a second surface opposite the first surface and adjacent to the cathode current collector, wherein
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wherein TAKEZAWA [0070] in Example 10 the cathode active material layer comprises a cathode active material (32) comprising a dopant in TAKEZAWA example 10 aluminum, and wherein
a concentration of the dopant decreases in a direction from the first surface to the second surface TAKEZAWA Example 10 has LiNi10.88Co0.09Al0.03O2 nearest to the surface (first surface) and LiNi0.76Co0.14Mn0.10O2 nearest to the current collector (second surface).
and the concentration of the dopant in the doped cathode active material is 0.01 mole percent to 5 mol% in the instant case the above formulas yield 0.167 mol% which is within the claimed range with sufficient specificity.
TAKEZAWA discloses in the annotated figure depicted below the cathode active material layer comprises a plurality of discrete layers stacked in a thickness direction from the first surface toward the second surface, in example 10 the first surface (32) has a higher concentration of Al than the second surface.
This meets the limitation that each layer has a concentration of dopant decreasing in a direction from the first surface to the second surface.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10 and 11 are rejected under 35 U.S.C. 102(a)(1) anticipated by and 103 as obvious over US 20200091515 A1, TAKEZAWA et al.
Regarding claims 10 and 11. TAKEZAWA discloses the cathode of claim 1.
TAKEZAWA does not explicitly disclose wherein the cathode active material layer comprises
a cathode active material, and
the cathode active material comprises monocrystalline particles or polycrystalline particles, and
the dopant is homogeneously distributed within the monocrystalline particles or the polycrystalline particles in claim 10 and,
wherein a density of the cathode active material layer is about 4.0 grams per cubic centimeter to about 4.9 grams per cubic centimeter as per claim 11.
However, TAKEZAWA [0042] discloses the cathode active material called the positive electrode active material is made by “Firstly, a second positive electrode mixture layer 32b is formed by applying and drying a slurry for the second positive electrode mixture layer including a compound A and a compound B and other components onto a positive electrode current collector 30, and the formed second positive electrode mixture layer 32b is subjected to rolling process. Next, a first positive electrode mixture layer 32a is formed by applying and drying a slurry for the first positive electrode mixture layer including a compound A onto the second positive electrode mixture layer 32b, and the formed first positive electrode mixture layer 32a is subjected to rolling process. Thus, a positive electrode 11 can be obtained.” The instant specification [0168] reads “A first cathode active material sheet having a thickness of 20 µm was prepared by applying a slurry on a transfer belt by using the tape casting method and then forming the slurry in the form of a sheet, followed by drying…”
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
TAKEZAWA does not explicitly disclose the properties as claimed in the instant application, however because TAKEZAWA mixes a slurry of positive active material on a currant collector and allowed to dry it would be reasonable to conclude that the properties of the cathode active material comprises monocrystalline particles or polycrystalline particles, and that the dopant is homogeneously distributed within the monocrystalline particles or the polycrystalline particles from TAKEZAWA would also be the same as in the instantly claimed invention as well as the instantly claimed density from claim 11 to also be the same.
Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date to have applied an active material slurry on a foil current collector for the instantly claimed density from claim 11 to also be the same.
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 35 is rejected under 35 U.S.C. 103 as being unpatentable over US 20200091515 A1, TAKEZAWA et al.
Regarding claim 35. TAKEZAWA discloses the cathode of claim 1
TAKEZAWA does not disclose the cathode active material layer comprises three or greater discrete layers stacked in a thickness direction, and wherein
the three of greater layers comprises
a first layer adjacent the cathode current collector called a positive electrode current collector (30) and
a second layer on a side of the first layer opposite the cathode current collector, wherein
the layers of the three or greater layers are arranged such that a dopant concentration of each successive layer of the plurality of layers sequentially decreases in the direction from the first surface towards the second surface, and
a difference in dopant concentration between the first layer and the second layer is greater than a difference in dopant concentration between adjacent two layers other than the first layer and the second layer.
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The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used more than the layers disclosed by TAKEZAWA in the positive electrode active material.
Claims 34 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200091515 A1, TAKEZAWA et al. in view of US 20050260495 A1, ONNERUD et al.
Regarding claims 34 and 36. TAKEZAWA discloses the cathode of claims 1 and 35 above. TAKEZAWA [0023] discloses the cathode active material layer preferably includes a binding agent. Since TAKEZAWA says that the use of a binder is only preferred and not necessitated as well as TAKAZAWA sintering the material, any binder that may have been applied would be burned away the same way the instant specification discloses. It is the position of the office that TAKEZAWA envisions the use of a binder-free layer.
TAKEZAWA does not specifically disclose the cathode active material layer is a sintered layer.
ONNERUD [title] discloses Lithium Metal Oxide Materials And Methods Of Synthesis And Use where
ONNERUD [0016] sinters the particles in order to crystalize them
ONNERUD [0036] further discloses that this crystallinity increases the stability of the structure
It would have been obvious to one of ordinary skill in the art before the effective filing date to have sintered the material disclosed by ONNERUD used in the active material disclosed buy TAKEZAWA in order to increase the stability of the active material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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