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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/9/2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 11/10/2025. Claims 3 and 4 have been canceled. Claims 1, 5 are pending. Applicant’s arguments have been considered. Claims 1, 5 are non-finally rejected for reasons stated herein below.
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.
Claim(s) 1, 5 are rejected under 35 U.S.C. 103 as being obvious over Oesten (CA 02373756) in view of Zheng (US 2019/0252687).
Regarding claim 1, Oesten discloses a positive electrode active material for a non-aqueous electrolyte secondary battery, the positive electrode active material being represented by Li (MnMez)2O4, Me means at least one metal cation from, amongst others, nickel, aluminum, iron, cobalt. See Abstract. The positive electrode active material includes:
a lithium-transition metal composite oxide containing the M1 and the M2 as claimed; and
a coating layer formed on at least a part of a surface of the lithium-transition metal composite oxide and containing the M2 and the M3 as claimed. See Abstract.
Regarding the positive electrode active material of claim 1 and the lithium transition metal composite oxide of claim 1, Oesten discloses the general formula Li (MnMez)2O4, doped with metal cations such as copper, silver, nickel, magnesium, zinc, aluminum, iron, cobalt, chromium, titanium, and zirconium (page 6, 20-25).
Given a limited list of 11 dopants disclosed by Oesten, an ordinary skilled in the art would have once envisaged the compound Li(MnMez)2O4 doped with nickel and titanium, and reads on Applicant’s lithium transition metal composite oxide of claim 1. By definition, the dopant is added in a small amount. For example, Oesten discloses that a prior art added dopants gallium and chromium each in an amount of 0.025 (page 3, lines 18-24).
Should it not be anticipatory, Oesten discloses that one way of increasing the stability of the spinel at high temperatures is to dope it with trivalent metal cations (page 3, lines 18-24). Given a limited list of 11 metal cation dopants by Oesten, it would have been obvious to one ordinary skilled in the art at the time the invention was made to replace some of the Mn with Ni and Ti, and adjust the amounts for the benefit of stabilizing the spinel at high temperatures.
Regarding claim 1, Oesten discloses a coating layer made from various metal oxides, of Zr, Al, Zn, Y, Ce, Sn, Ca, Si, Sr, Mg, Ti to achieve an improved shelf life and cycle stability at high temperatures (above room temperature) (pg 7), but does not disclose the coating oxides of claim 1. Zheng teaches a positive active material having a coating containing strontium (Sr) [0007]. Zheng uses Sr2TiO4, Sr2SiO4 or Sr2TiO4 and Sr2SiO4 with high structural stability as a surface layer, wherein the electrolyte reacts with water to form HF, and if HF is not consumed, HF will erode the surface of the lithium composite oxide and wreck the surface integrity of the lithium composite. However, using the surface layer of the present application, HF reacts with Sr in Sr2TiO4, Sr2SiO4 or Sr2TiO4 and Sr2SiO4 to form SrF2, SrF2 is a super acid and has a cleaning effect on insulating substances such as LiOH and Li2CO3 on the surface of the lithium composite oxide but does not erode the surface of the lithium composite oxide so that the active site of the lithium composite oxide (e.g., lithium cobalt oxide) is always at a high level, thereby ensuring that the DCR is maintained at a low level throughout the cycle. At the same time, Si, Ti or Si and Ti may prevent the active material on the surface of lithium composite oxide from directly contacting the electrolyte, inhibiting the decomposition of the electrolyte, thereby improving the cycle stability of the lithium-ion battery [0015].
It would have been obvious to one ordinary skilled in the art at the time the invention was made to use the oxide of Zheng as the coating material of Oesten for the benefit of preventing direct contact with the electrolyte.
Regarding claim 5, Oesten modified by Zheng teaches a non-aqueous electrolyte secondary battery, comprising:
a positive electrode including the positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1,
a negative electrode; and
a non-aqueous electrolyte.
Response to Arguments
Applicant’s arguments dated 3/9/2026 are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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