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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/28/2026 has been entered.
Claim Status
This Office action is in response to amendment and remarks filed on 1/28/2026.
No claims have been amended.
Claims 1-17 have been cancelled.
Claims 18-37 are currently pending, of which 18-30 are withdrawn from further consideration.
Response to Arguments
Applicant’s arguments, see pages 7-8, filed 1/28/2026, with respect to the rejection of claims 31-37 under 35 USC §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of JP 2020-120366, TOKORO et al. and KR10-2019-0137539 LEE et al. in the detailed rejections below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 31, 36 and 37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2022014449 (A1) with US 20230282819 A1, TOKORO et al. used as the English translation.
Regarding claims 31, 36 and 37. TOKORO [abstract] discloses a powderous material TOKORO [0010] further discloses having particles comprising Li, M, and O, wherein M comprises in the formula given below:
- Co in a content x superior or equal to 5.0 mol% and inferior or equal to 40.00 mol%,
- Mn in a content y superior or equal to 5.0 mol% and inferior or equal to 40.00 mol%,
- A in a content c superior or equal to 0.01 mol% and inferior or equal to 2.00 mol%, wherein
A comprises at least one element selected from the group consisting of: W, Al, and Si,
- D in a content z superior or equal to 0 mol% and inferior or equal to 2.00 mol%, wherein
D comprises at least one element selected from the group consisting of: Mg, Nb, Zr, B, and Ti, and
- Ni in a content of (100-x-y-c-z) mol%,
TOKORO [0010] writes this formula as Li1+aNibCocMdXeO2+α where
[In compositional formula (1), M is at least one element selected from Al and Mn, X is at least one element other than Li, Ni, Co, Al, and Mn, and −0.1≤a≤0.1, 0.8≤b<1.0, 0≤c≤0.2, 0≤d≤0.2, 0≤e≤0.05, b+c+d+e=1, and −0.2≤α≤0.2 are satisfied.]
TOKORO [0107] in Example 2 discloses:
Li1.03Ni0.88Co0.03Mn0.05 Al0.01Ti0.03O2 which anticipates the formula in the instant claim
The Al anticipates claim 37 and also claim 36, being that it is an oxide.
TOKORO [0107] Example 2 gives a molar ratio of Li/M as 1.03 which reads on the instant claim that said particles having a Li/M molar ratio superior or equal to 0.98 and inferior or equal to 1.10,
TOKORO does not explicitly disclose that said particles having surfaces and A being present on the surfaces of the particles, wherein
said powderous material has a powder flow index of at most 0.30, wherein
the flow index is the slope of a straight line fitted to experimental results of measured unconfined failure strengths at several principal consolidating stresses as measured in an annular shear cell of 6-inch diameter and with a volume of 230 cm3.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Claims 31, 36 and 37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN112751021 (A), with US 20210135216 A1, LEE et al. used as an English translation.
Regarding claim 31. LEE [abstract and 0010-0014] discloses a powderous material having particles comprising Li, M, and O, wherein M comprises:
- Co in a content x superior or equal to 5.0 mol% and inferior or equal to 40.00 mol%,
- Mn in a content y superior or equal to 5.0 mol% and inferior or equal to 40.00 mol%,
- A in a content c superior or equal to 0.01 mol% and inferior or equal to 2.00 mol%, wherein
A comprises at least one element selected from the group consisting of: W, Al, and Si,
- D in a content z superior or equal to 0 mol% and inferior or equal to 2.00 mol%, wherein
D comprises at least one element selected from the group consisting of: Mg, Nb, Zr, B, and Ti, and
- Ni in a content of (100-x-y-c-z) mol%,
LEE [0010] discloses this as formula 1: LiaNixCoyMnzM1-x-y-zO2 where,
[0011] M is at least one selected from the group consisting of: B, Ba, Ce, Cr, F, Mg, Al, Cr, V, Ti, Fe, Zr, Zn, Si, Y, Nb, Ga, Sn, Mo, W, P, Sr, and a combination thereof, 0.9≤a≤1.3, 0.6≤x≤1.0, 0.0≤y≤=0.4, 0.0≤z≤0.4, and 0.0≤1−x−y−z≤0.4
LEE discloses in tables 1-2, 4-5, and 7-8 a range of Li/M between 1.00 and 1.06 which anticipates the claimed range of said particles having a Li/M molar ratio superior or equal to 0.98 and inferior or equal to 1.10,
LEE [0031] coats the material with said particles having surfaces and A being present on the surfaces of the particles, wherein
LEE does not specifically disclose said powderous material has a powder flow index of at most 0.30, wherein
the flow index is the slope of a straight line fitted to experimental results of measured unconfined failure strengths at several principal consolidating stresses as measured in an annular shear cell of 6-inch diameter and with a volume of 230 cm3.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 36. LEE [0078] discloses the powderous material according to claim 31, wherein A is present in the powderous material as an oxide.
Regarding claim 37. LEE discloses the powderous material according to claim 31, wherein
LEE [0010] discloses this as formula 1: LiaNixCoyMnzM1-x-y-zO2 where,
[0011] M is at least one selected from the group consisting of: B, Ba, Ce, Cr, F, Mg, Al, Cr, V, Ti, Fe, Zr, Zn, Si, Y, Nb, Ga, Sn, Mo, W, P, Sr, and a combination thereof, 0.9≤a≤1.3, 0.6≤x≤1.0, 0.0≤y≤=0.4, 0.0≤z≤0.4, and 0.0≤1−x−y−z≤0.4
So that if A comprises W,
W is present in the powderous material as W-oxide, and
if A comprises Al,
Al is present in the powderous material as Al-oxide, and
if A comprises Si,
Si is present in the powderous material as Si-oxide.
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.
Claims 32-35 are rejected under 35 U.S.C. 103 as being unpatentable over KR10-2019-0137539, with US 20210135216 A1, LEE et al. used as an English translation.
Regarding claim 32. LEE [0011] discloses the powderous material according to claim 31, wherein the powderous material is a precursor compound for manufacturing a powderous positive electrode active material,
LEE does not explicitly disclose an example where M comprises W in a content w superior or equal to 0.01 mol% and inferior or equal to 2.00 mol%, wherein
M comprises Zr in a content m superior or equal to 0 mol% and inferior or equal to 2.00 mol%, wherein
said powderous precursor has a powder flow index of inferior to 0.20, and superior to 0.10.
However, LEE [0011] discloses “M is at least one selected from the group consisting of: B, Ba, Ce, Cr, F, Mg, Al, Cr, V, Ti, Fe, Zr, Zn, Si, Y, Nb, Ga, Sn, Mo, W, P, Sr, and a combination thereof, 0.9≤a≤1.3, 0.6≤x≤1.0, 0.0≤y≤=0.4, 0.0≤z≤0.4, and 0.0≤1−x−y−z≤0.4”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used this short list of elements to have W and Z in the instantly claimed range.
Furthermore, while LEE does not disclose the flow index of the disclosed powder it has been established that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Thereby making the flow index obvious over the prior art.
Regarding claims 33-35. LEE discloses the powderous material according to claim 31, wherein the powderous material is
LEE [0004] discloses a positive electrode active material for lithium ion batteries, wherein
LEE [0024] discloses “a range of 0.1 to 7 μm, 2 to 5 μm, or 3 to 4 μm” which reads on the limitation that the powderous material has a median particle size D50, which is 4.0 µm ≤ D50 ≤ 10.0 µm, or the D50 is 6.0 µm ≤ D50 ≤ 10.0 µm as reads on claim 35 wherein
LEE does not explicitly disclose a flow index, which is 0.10 ≤ flow index ≤ 0.30 or 0.225 as reads on claim 34.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have made the powderous material with the particle sizes disclosed by LEE in the instantly claimed size range and used in the instantly claimed positive electrode active material.
Conclusion
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LAWRENCE LA RAIA III
/L.L./Examiner, Art Unit 1727
/ZHONGQING WEI/Primary Examiner, Art Unit 1727
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