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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed 08/29/2025 has been considered by examiner.
Claim Status
This Office action is in response to the amendment and remarks filed on 8/29/2025.
Claims 31, 33-35 have been amended.
Claims 1-17 have been cancelled.
Claims 36-37 are new.
Claims 18-37 are currently pending, of which 18-30 are withdrawn from further consideration.
Claims 31-37 have been examined on the merits below.
Response to Amendment
In light of the amendment the objections to the specification are withdrawn.
The specification has been accepted and entered however,
It should be noted to the applicant that as per the MPEP R 41.106 markings must be in black on a white background. Only the word “ABSTRACT” is in black, the greyscale print does not scan properly as per the screenshot of the submitted abstract depicted below. In the future please only submit black and white type.
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In light of the amendment the rejection to claims 31-35 under §112(b) are withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 31-35 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.
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 31-37 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170317339 A1, SHIMOKITA et al. provided in the IDS dated 10/17/2023 in view of US 20130011726 A1, TAKANO et al. and in further view of US 20070224506 A1, OOYAMA et al.
Regarding claims 31-35. SHIMOKITA discloses a powderous material [0009] having particles comprising [0044] where Li, M, and O, wherein M comprises when:
- 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 Al,
- 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%,
In the instant case
[0044] represented by a general formula:
LiaNi1-x-yCoxM1yWzM2wO2
(1.0≦a≦1.5, 0≦x≦0.5, 0≦y≦0.5, 0.002≦z≦0.03, 0≦w≦0.02, 0≦x+y≦0.7),
M1 represents at least one selected from the group consisting of Mn and Al,
M2 represents at least one selected from the group consisting of Zr, Ti, Mg, Ta, Nb and Mo
Furthermore, specifically Example 1 [0080] reads:
Li1.07Ni0.4Co0.3Mn0.3W0.004Zr0.005O2 which also read on the limitations of claim 32.
said particles having a Li/M molar ratio superior or equal to 0.98 and inferior or equal to 1.10, the instant case being 1.06
SHIMOKITA does not disclose said particles having A being present on the surfaces of the particles or the 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.
TAKANO [title] discloses Powders for Positive-Electrode Material for Lithium Secondary Battery, Process for Producing the Same, Positive Electrode for Lithium Secondary Battery Employing the Same, and a Lithium Secondary Battery
TAKANO [0093] discloses that the lithium-transition metal compound powders of the invention preferably have a median diameter of 4 µm to 15 µm which also reads on claims 33 through 35.
TAKANO also discloses [0093] “In case where the median diameter thereof is less than the lower limit, there is a possibility that the powders might pose a problem concerning applicability when a positive-electrode active material layer is formed. In case where the median diameter thereof exceeds the upper limit, there is the possibility of resulting in a decrease in battery performance.”
OOYAMA [title] discloses A Cathode Active Material, Method Of Manufacturing The Same, And Battery
OOYAMA [0022] A cathode active material where [0028] “The coating layer may further include at least one member selected from the group consisting of aluminum, tungsten, and silicon as an element, because the stability of the cathode active material can be further improved.”
OOYAMA [0030] “Moreover, the cathode active material includes a surface layer made of an oxide including at least one surface element selected from the group consisting of titanium, silicon, magnesium and zirconium on at least a part of the coating layer so as to prevent the bonding between particles” meeting the limitations recited in claims 36 and 37.
Neither TAKANO nor OOYAMA disclose powderous material that 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.
Or said powderous material has a flow index of at least 0.10 and at most 0.30.
Regarding composition claims, if the composition is the same, it must have the same properties (see MPEP § 2112.01, II.). In this case, the composition is similar and as is the D50 of the powderous material thus these properties would have a flow index of 0.10-0.30.
Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date to have used the coating disclosed by OOYAMA with the particle size disclosed by TAKANO in the powdery substance of SHIMOKITA in order to increase stability and prevent the bonding between particles (i.e. flowability) when a positive-electrode active material layer is formed increase the battery performance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5554456 A, OVSHINSKY et al.
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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LAWRENCE LA RAIA III
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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