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 .
Status of Claims
This is a final office action for application 17/882,936 in response to the amendment(s) filed on 11/25/2025. Claims 1-4, 7-12, 14-16 and 18-24 are under examination. Claims 16 and 18-20 are still withdrawn from consideration.
Withdrawn Objections
The amendment(s) to the claim(s), specification, and/or drawing(s) filed 11/25/2025 is acknowledged and the previous claim objections are withdrawn.
Withdrawn Claim Rejections – 35 USC § 112
The amendment(s) to the claim(s) filed on 11/25/2025 is acknowledged and the previous rejection is withdrawn.
Response to Arguments
Applicant’s arguments filed on 11/25/2025 have been fully considered and were found to be persuasive over the previous prior art rejection of record. However, in light of the amendments a new search was conducting and a new rejection was applied rendering the previous arguments moot. See claims 1-4, 7-12, 14-15 and 21-24 rejections below.
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 Rejections - 35 USC § 103
Claims 1-4, 7-12, 14, 21-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (CN-111115713-A) and further in view of Shin et al. (US-20200112024-A1).
Regarding Claim 1, Zheng discloses an electroactive material for an electrochemical cell that cycles lithium ions (see e.g. "battery" in paragraph [28] on page 4), the electroactive material comprising:
a plurality of lithium-rich, manganese-rich layered electroactive material particles (see e.g. "The coating lithium-rich manganese-rich based cathode material" in paragraph [3] on page 2 and FIG. 1) at least a portion of the lithium-rich, manganese-rich layered electroactive material particles defining the plurality having a coating comprising an oxygen storage material LaMnO3 (see e.g. "(1-x)Li2MnO3·xLi(NiaCobMnc)O2@yLaMnO3" in paragraph [3] on page 2).
Zheng does not disclose that at least a portion of the lithium-rich, manganese-rich layered electroactive material particles of the plurality of lithium-rich, manganese-rich layered electroactive material particles having a coating comprising an oxygen storage material selected from the group consisting of: La(1-x)SrxMnO3 (where 0 ≤ x ≤ 0.3), La(1-x)SrxFeO3 (where 0 ≤ x ≤ 0.3), La(1-x)CaxMnO3 (where 0 ≤ x ≤ 0.3), La(1-x)BaxMnO3 (where 0 ≤ x ≤ 0.3), LaFeO3, CeO2, CeO2-MnOx (where 3 ≤ x ≤ 4), CeO2-FeOx (where 2 ≤ x ≤ 3), CeO2-WO3, CeO2-MoO6, and combinations thereof.
Shin, however, in the same field of endeavor, composite cathode active materials discloses a cathode active material having a coating comprising an oxygen storage material of CeO2 (see e.g. "A first layer including CeO2 was formed on the surface of the Li1.09(Ni0.88Co0.08Mn0.04)1-x-yAlxZryO2 (x=0.001, y=0.003) core" in paragraph [0191] of Shin).
Shin also teaches that including this coating improves the cycle characteristics and thermal stability of both the cathode active material and the lithium ion battery comprising it (see e.g. paragraph [0072] of Shin). Therefore, it would have been obvious t a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium-rich, manganese-rich layered electroactive material particle coating of Zheng et al. with the cathode active material coating CeO2 taught by Shin et al. in order to improve both cycle characteristics and the thermal stability of the cathode active material and lithium ion battery as suggest by Shin.
Regarding Claim 2, Zheng in view of Shin discloses the electroactive material of claim 1 (see e.g. claim 1 rejection above).
Zheng further discloses that the coating comprising the oxygen storage material is a continuous coating disposed around a surface of the lithium-rich, manganese-rich layered electroactive material particles (see e.g. FIGs. 1 and 4; the coating of LaMnO3 on the lithium-rich, manganese-rich layered electroactive material particles is continuous and uniform around the surface of the particles).
Regarding Claim 3, Zheng in view of Shin disclose the electroactive material of claim 2 (see e.g. claim 2 rejection above).
Zheng further discloses that the lithium-rich, manganese-rich layered electroactive material particles of the plurality of lithium-rich, manganese-rich layered electroactive material particles have an average particle size of 10 µm (see e.g. "The diameter of the coated lithium-rich manganese-based cathode material is about… 10 μm," in paragraph [107] on page 10), and
the continuous coating has an average thickness of 15 nm (see e.g. "A layer of 5-15 nm LaMnO3" in paragraph [5] on page 2).
Zheng discloses points that lie within the ranges claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 4, Zheng in view of Shin disclose the electroactive material of claim 1 (see e.g. claim 1 rejection above).
Zheng discloses a plurality of lithium-rich, manganese-rich layered electroactive material particles (see e.g. “The coating lithium-rich manganese-rich based cathode material” in paragraph [3] on page 2 and FIG. 1), at least a portion of the lithium-rich, manganese-rich layered electroactive material particles of the plurality having a coating comprising an oxygen storage material LaMnO3 (see e.g. “(1-x)Li2MnO3·xLi(NiaCobMnc)O2@yLaMnO3” in paragraph [3] on page 2).
Shin discloses a dual-layer coating system on lithium-rich cathode active material particles, wherein a first layer is applied to the particle surface and a second layer of CeO2 is formed on the first layer (see e.g. paragraphs [0053] and [0173]).
It would have been obvious to a person of ordinary skill in the art that Zheng, in combination with Shin, would include a lithium-rich, manganese-rich layered electroactive material particle having a dual-layer coating, with a first oxygen storage material CeO2 coated as the outer layer as disclosed by Shin and a second oxygen storage material comprising LaMnO3 coated beneath the CeO2 layer as disclosed by Zheng.
Shin also teaches that including the second layer provides benefits including inhibition of metal ion leakage, improved thermal stability, and enhanced cycle characteristics (see e.g. paragraphs [0231]-[0232]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the LaMnO3 coating of Zheng et al. such that a dual-layer coating is provided with CeO2 applied as the first oxygen storage material as taught by Shin et al. in order to achieve the inhibition of metal ion leakage, improved thermal stability, and enhanced cycle characteristics as suggested by Shin.
Regarding Claim 7, Zheng in view of Shin disclose the electroactive material of claim 1 (see e.g. claim 1 rejection above).
Zheng further discloses that he lithium-rich, manganese-rich layered electroactive material particles comprise an electroactive material represented by: (1-x)Li2MnO3·xLi(NiaCobMnc)O2 where a + b + c =1 and x is more than 0 and less than or equal to 1 (see e.g. paragraph [4] on page 2). This directly corresponds to the claimed species xLi2MnO3 · (1 - x)LiMO2 where M is selected from the group consisting of: manganese (Mn), nickel (Ni), cobalt (Co), iron (Fe), and combinations thereof and 0.1 ≤ x ≤ 0.9. If M is Ni and/or Co and/or Mn the claimed species are the same.
Zheng discloses a range that encompasses the range claimed by the instant application. In the case where the prior art discloses a range that encompasses the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 8, Zheng in view of Shin disclose the electroactive material of claim 1 (see e.g. claim 1 rejection above).
Zheng further discloses that the electroactive material comprises ≈2.76 wt.% of the oxygen storage material, this can be seen in the calculations below:
Zheng discloses that coated electroactive material comprising Li1.2 Mn0.54Ni0.13Co0.13O2 is coated with LaMnO₃ in an amount of 1 mol% relative to the base material (see e.g. " Li1.2 Mn0.54Ni0.13Co0.13O2 @0.01LaMnO3. The coating amount was 1%. in paragraph [33] on page 4).
The molecular weight of the base material comprising Li1.2 Mn0.54Ni0.13Co0.13O2 is calculated as follows:
• Li: 6.94 × 1.2 = 8.328 g/mol
• Mn: 54.94 × 0.54 ≈ 29.676 g/mol
• Ni: 58.69 × 0.13 ≈ 7.63 g/mol
• Co: 58.93 × 0.13 ≈ 7.66 g/mol
• O: 16 × 2 = 32 g/mol
Total molecular weight of base = 8.328 + 29.676 + 7.63 + 7.66 + 32 ≈ 85.294 g/mol
The molecular weight of LaMnO₃ is calculated as follows:
• La: 138.91 g/mol
• Mn: 54.94 g/mol
• O₃: 16 × 3 = 48 g/mol
Total molecular weight of LaMnO₃ ≈ 138.91 + 54.94 + 48 ≈ 241.85 g/mol
Assuming 1 mol of base material, 1 mol% LaMnO₃ corresponds to 0.01 mol:
• Mass of base = 1 × 85.294 ≈ 85.294 g
• Mass of LaMnO₃ = 0.01 × 241.85 ≈ 2.4185 g
Total mass = 85.294 + 2.4185 ≈ 87.7125 g
The wt.% of LaMnO3 can then be calculated by 2.4185 g / 87.7125 g = 2.76 wt.%.
Zheng discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 9, Zheng discloses an electrochemical cell that cycles lithium ions (see e.g. "battery" in paragraph [28] on page 4) the electrochemical cell comprising:
a first electrode comprising a negative electroactive material (see e.g. "g a metal lithium plate as a negative electrode" in paragraph [115] on page);
a second electrode comprising a positive electroactive material (see e.g. "a lithium-rich manganese-based positive electrode material, adding 0.01g of acetylene black serving as a conductive agent, 0.01g of polyvinylidene fluoride serving as a binder and N- methyl pyrrolidone serving as a dispersing agent, uniformly mixing, coating the mixture on an aluminum foil to prepare a positive electrode plate" in paragraph [115] on page 10), positive electroactive material comprising a plurality of lithium-rich, manganese-rich layered electroactive material particles (see e.g. "The coating lithium-rich manganese-rich based cathode material" in paragraph [3] on page 2 and FIG. 1), at least a portion of the lithium-rich, manganese-rich layered electroactive material particles defining the plurality having a coating comprising an oxygen storage material (see e.g. "(1-x)Li2MnO3·xLi(NiaCobMnc)O2@yLaMnO3" in paragraph [3] on page 2; the (1-x)Li2MnO3·xLi(NiaCobMnc)O2 particles are coated with LaMnO3, LaMnO3 is an oxygen storage material).
Zheng does not disclose that the lithium-rich, manganese-rich layered electroactive material particles having a coating comprising an oxygen storage material selected from the group consisting of: La(1-x)SrxMnO3 (where 0 ≤ x ≤ 0.3), La(1-x)SrxFeO3 (where 0 ≤ x ≤ 0.3), La(1-x)CaxMnO3 (where 0 ≤ x ≤ 0.3), La(1-x)BaxMnO3 (where 0 ≤ x ≤ 0.3), LaFeO3, CeO2, CeO2-MnOx (where 3 ≤ x ≤ 4), CeO2-FeOx (where 2 ≤ x ≤ 3), CeO2-WO3, CeO2-MoO6, and combinations thereof; and that there is a separating layer disposed between the first electrode and the second electrode.
Shin, however, in the same field of endeavor, composite cathode active materials discloses a cathode active material having a coating comprising an oxygen storage material of CeO2 (see e.g. "A first layer including CeO2 was formed on the surface of the Li1.09(Ni0.88Co0.08Mn0.04)1-x-yAlxZryO2 (x=0.001, y=0.003) core" in paragraph [0191] of Shin). Shin further discloses a separating layer disposed between the first electrode and the second electrode (see e.g. "a separator to be inserted between the cathode and the anode is prepared." in paragraph [0136] of Shin).
Shin also teaches that including this coating improves the cycle characteristics and thermal stability of both the cathode active material and the lithium ion battery comprising it (see e.g. paragraph [0072] of Shin) and a battery including the separator has excellent lifetime characteristic and high-rate characteristics (see e.g. paragraph [0147]-[0148] of Shin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium-rich, manganese-rich layered electroactive material particle coating of Zheng et al. with the cathode active material coating CeO2 taught by Shin et al. in order to improve both cycle characteristics and the thermal stability of the cathode active material and lithium ion battery as suggest by Shin. It also would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrochemical cell of Zheng et al. to include a separator disposed between the first electrode and the second electrode as taught by Shin et al. in order to create a batter that has excellent lifetime characteristic and high-rate characteristics as taught by Shin.
Regarding Claim 10, Zheng in view of Shin discloses the electrochemical cell of claim 9 (see e.g. claim 9 rejection above).
Zheng further discloses that the coating comprising the oxygen storage material is a continuous coating disposed around a surface of the lithium-rich, manganese-rich layered electroactive material particles (see e.g. FIGs. 1 and 4; the coating of LaMnO3 on the lithium-rich, manganese-rich layered electroactive material particles is continuous and uniform around the surface of the particles).
Regarding Claim 11, Zheng in view of Shin discloses the electrochemical cell of claim 9 (see e.g. claim 9 rejection above).
Zheng further discloses that the lithium-rich, manganese-rich layered electroactive material particles defining the plurality of lithium-rich, manganese-rich layered electroactive material particle have an average particle size of 10 µm (see e.g. "The diameter of the coated lithium-rich manganese-based cathode material is about… 10 μm," in paragraph [107] on page 10), and the continuous coating has an average thickness of 15 nm (see e.g. "A layer of 5-15 nm LaMnO3" in paragraph [5] on page 2).
Zheng discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 12, Zheng in view of Shin discloses the electrochemical cell of claim 9 (see e.g. claim 9 rejection above).
Zheng further discloses that the electroactive material comprises ≈2.76 wt.% of the oxygen storage material, the calculation for this can be seen below:
Zheng discloses that coated electroactive material comprising Li1.2 Mn0.54Ni0.13Co0.13O2 is coated with LaMnO₃ in an amount of 1 mol% relative to the base material (see e.g. " Li1.2 Mn0.54Ni0.13Co0.13O2 @0.01LaMnO3. The coating amount was 1%. in paragraph [33] on page 4).
The molecular weight of the base material comprising Li1.2 Mn0.54Ni0.13Co0.13O2 is calculated as follows:
• Li: 6.94 × 1.2 = 8.328 g/mol
• Mn: 54.94 × 0.54 ≈ 29.676 g/mol
• Ni: 58.69 × 0.13 ≈ 7.63 g/mol
• Co: 58.93 × 0.13 ≈ 7.66 g/mol
• O: 16 × 2 = 32 g/mol
Total molecular weight of base = 8.328 + 29.676 + 7.63 + 7.66 + 32 ≈ 85.294 g/mol
The molecular weight of LaMnO₃ is calculated as follows:
• La: 138.91 g/mol
• Mn: 54.94 g/mol
• O₃: 16 × 3 = 48 g/mol
Total molecular weight of LaMnO₃ ≈ 138.91 + 54.94 + 48 ≈ 241.85 g/mol
Assuming 1 mol of base material, 1 mol% LaMnO₃ corresponds to 0.01 mol:
• Mass of base = 1 × 85.294 ≈ 85.294 g
• Mass of LaMnO₃ = 0.01 × 241.85 ≈ 2.4185 g
Total mass = 85.294 + 2.4185 ≈ 87.7125 g
The wt.% of LaMnO3 can then be calculated by 2.4185 g / 87.7125 g = 2.76 wt.%.
Zheng discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Zheng does not disclose that the second electrode comprises greater than or equal to about 80 wt.% to less than or equal to about 98 wt.% of the positive electroactive material.
Shin, however, discloses a cathode that comprises 92% of the positive electroactive material (see e.g. "The composite cathode active material of Example 1, carbon conductive material (Denka Black), and polyvinylidene fluoride (“PVdF”) were mixed at a weight ratio of 92:4:4 to prepare a mixture" in paragraph [0193] of Shin).
Shin discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Shin also teaches that the use of the cathode active material in this weight ratio leads to a lithium battery that has excellent lifetime characteristics and high-rate characteristics (see e.g. paragraph [0148] of Shin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the amount of positive electroactive material in the second electrode of Zheng et al. to include 92 wt.% of the electroactive positive active material as taught by Shin et al. in order to produce a lithium battery that has excellent lifetime characteristics and high-rate characteristics as suggested by Shin.
Regarding Claim 14, Zheng in view of Shin discloses the electrochemical cell of claim 9 (see e.g. claim 9 rejection above).
Zheng further discloses that the lithium-rich, manganese-rich layered electroactive material particles comprise an electroactive material represented by: "(1-x)Li2MnO3·xLi(NiaCobMnc)O2 where a + b + c =1 and x is more than 0 and less than or equal to 1 (see e.g. paragraph [4] on page 2). This directly corresponds to the claimed species xLi2MnO3·(1 - x)LiMO2 where M is selected from the group consisting of: manganese (Mn), nickel (Ni), cobalt (Co), iron (Fe), and combinations thereof and 0.1 ≤ x ≤ 0.9. If M is Ni and/or Co and/or Mn the claimed species are the same.
Furthermore, Zheng discloses a range that overlaps with the range claimed by the instant application. In the case where the prior art discloses a range that overlaps with the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 21, Zheng in view of Shin discloses the electroactive material of claim 2 (see e.g. claim 2 rejection above).
Zheng does not disclose that he lithium-rich, manganese-rich layered electroactive material particles of the plurality of lithium-rich, manganese-rich layered electroactive material particles have an average particle size greater than or equal to about 500 nanometers to less than or equal to about 1 micrometers.
Shin, however, discloses that the lithium-rich, manganese-rich layered electroactive material particles of the plurality of lithium-rich, manganese-rich layered electroactive material particles have an average particle size of about 50 nm to about 500 nm (see e.g. "The average particle diameter of primary particles of the composite cathode active material may be, for example, in the range of about 50 nm to about 500 nm" in paragraph [0086] of Shin).
Shin discloses a range that overlaps at the endpoint of the range claimed by the instant application. In the case where the prior art discloses a range that overlaps with the end point of the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Shin also teaches that a lithium battery including this cathode active material may provide improved cyclic characteristics and thermal stability (see e.g. paragraph [0085] of Shin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium-rich, manganese-rich layered electroactive material particles of the plurality of lithium-rich, manganese-rich layered electroactive material particles of Zheng et al. to have an average particle size of about 50 nm to about 500 nm as taught by Shin et al. in order to improve the cyclic characteristics and thermal stability of a lithium battery that includes this active material as suggested by Shin.
Regarding Claim 22, Zheng in view of Shin discloses the electroactive material of claim 2 (see e.g. claim 2 rejection above).
Zheng further discloses that the continuous coating has an average thickness of 5 nm to 15 nm (see e.g. "the surface of the particles is uniformly coated with the lithium-rich manganese-based positive electrode material A layer of 5-15 nm LaMnO3" in paragraph [5] on page 2).
Zheng discloses a range that overlaps with the range claimed by the instant application. In the case where the prior art discloses a range that overlaps with the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 24, Zheng in view of Shin discloses the electroactive material of claim 1 (see e.g. claim 1 rejection above).
Zheng further discloses that the electroactive material comprises ≈7.86 wt.% of the oxygen storage material, as shown in the calculations below:
Zheng discloses that coated electroactive material comprising Li1.2 Mn0.54Ni0.13Co0.13O2 is coated with LaMnO₃ in an amount of 3 mol% relative to the base material (see e.g., “Li1.2 Mn0.54Ni0.13Co0.13O2@0.03LaMnO3,” paragraph [91] on page 8).
The molecular weight of the base material Li1.2 Mn0.54Ni0.13Co0.13O2 is calculated as follows:
• Li: 6.94 × 1.2 = 8.328 g/mol
• Mn: 54.94 × 0.54 ≈ 29.676 g/mol
• Ni: 58.69 × 0.13 ≈ 7.63 g/mol
• Co: 58.93 × 0.13 ≈ 7.66 g/mol
• O: 16 × 2 = 32 g/mol
Total molecular weight of base ≈ 85.294 g/mol
The molecular weight of LaMnO₃ is calculated as follows:
• La: 138.91 g/mol
• Mn: 54.94 g/mol
• O₃: 16 × 3 = 48 g/mol
Total molecular weight of LaMnO₃ ≈ 241.85 g/mol
Assuming 1 mol of base material, 3 mol% LaMnO₃ corresponds to 0.03 mol:
• Mass of base = 1 × 85.294 ≈ 85.294 g
• Mass of LaMnO₃ = 0.03 × 241.85 ≈ 7.2555 g
Total mass = 85.294 + 7.2555 ≈ 92.5495 g
The wt.% of LaMnO₃ can then be calculated:
7.2555 g / 92.5495 g ≈ 7.84 wt.%
Zheng discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05(I).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (CN-111115713-A) view of Shin et al. (US-20200112024-A1) as applied to claim 9 above, and further in view of Kapylou et al. (US-20160190555-A1).
Regarding Claim 15, Zheng in view of Shin discloses the electrochemical cell of claim 9 (see e.g. claim 9 rejection above).
Zheng in view of Shin does not disclose that the positive electroactive material is a first positive electroactive material, and the second electrode further comprises a second positive electroactive material selected from the group consisting of: a layered oxide represented by LiMeO2, an olivine-type oxide represented by LiMePO4, a monoclinic-type oxide represented by Li3Me2(PO4)3, a spinel-type oxide, a tavorite represented by LiMeSO4F, a tavorite represented by LiMePO4F, and combinations thereof, wherein Me is a transition metal selected from the group consisting of: cobalt (Co), nickel (Ni), manganese (Mn), iron (Fe), aluminum (Al), vanadium (V), or combinations thereof.
Kapylou, however, in the same field of endeavor, lithium-rich, manganese-rich layered electroactive material particles, discloses a first positive electroactive material that is 0.40Li2MnO3-0.60LiNi1/3Co1/3Mn1/3O2 (see e.g. "0.40Li2MnO3-0.60LiNi1/3Co1/3Mn1/3O2 " in paragraph [0120] of Kapylou). Kapylou further discloses that the positive electrode comprises a second positive electroactive material is LiCoO2 or LiMnO2 (see e.g. "Examples of the second positive active material may be LiCoO2, LiMnxO2x (x=1, 2)" in paragraph [0093] of Kapylou).
Kapylou further teaches that the disclosed positive electroactive material improves lifetime characteristics of a lithium battery during high voltage operation (see e.g. paragraph [0137] of Kapylou). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrochemical cell which includes the positive electroactive material of Zheng et al. in view of Shin et al. to include a second positive electroactive material which is LiCoO2 or LiMnO2 as taught by Kapylou in order to material improve lifetime characteristics of a lithium battery during high voltage operation as suggested by Kapylou.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (CN-111115713-A) view of Shin et al. (US-20200112024-A1) as applied to claim 1 above, and further in view of Venkatachalam et al. (US-20120070725-A1).
Regarding Claim 23, Zheng in view of Shin discloses the electroactive material of claim 1 (see e.g. claim 1 rejection above).
Zheng in view of Shin does not disclose that the lithium-rich, manganese-rich layered electroactive material particles comprise an electroactive material represented by: xLi2MnO3 · (1 - x)LiMO2 where M comprises iron (Fe) and optionally manganese (Mn), nickel (Ni), cobalt (Co), or any combination thereof and 0.1 ≤ x ≤ 0.9.
Venkatachalam, however, in the same field of endeavor, lithium-rich, manganese-rich layered electroactive material particles for use in electrochemical cells, discloses a lithium-rich, manganese-rich layered electroactive material particles comprise an electroactive material represented by xLi₂MnO₃ · (1 - x)LiMO₂, where M can include Ni, Co, Mn, combinations thereof, and metals with an average oxidation state of +3 (see e.g. paragraph [0065] of Venkatachalam). While Venkatachalam does not explicitly disclose Fe as a component of M, Fe is a transition metal commonly used in lithium-rich layered cathode materials and is known in the art to have an average oxidation state of +3.
Venkatachalam also teaches that these electroactive particles can increase the battery capacity for a given weight of cathode active material (see e.g. paragraph [0065] of Venkatachalam). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium-rich, manganese-rich layered electroactive material particles of Zheng et al. in view of Shin et al. to include xLi2MnO3 · (1 - x)LiMO2, where M can include Ni, Co, Mn, combinations thereof, and metals with an average oxidation state of +3 as taught by Venkatachalam in order to increase the battery capacity for a given weight of cathode active material as suggested by Venkatachalam.
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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/J.J.E./Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723