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 17/942,188 in response to the amendment(s) filed on 09/25/2025. Claims 1, 4-6 and 8-18 are under examination. Claims 19-21 remain withdrawn from consideration.
Response to Arguments
Applicant’s arguments filed on 09/25/2025 have been fully considered and were found persuasive. The claim amendments overcome the previous rejections of record under 35 U.S.C. 102 and 103. However, in light of the amendments, a new grounds of rejection was made that renders the previous arguments moot. See claims 1, 4-6 and 8-18 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, 4-6, 8-10 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et al. (US-20200350626-A1) and further in view of Watano et al. (US-20190198870-A1).
Regarding Claim 1, Matsumura discloses a covered positive electrode active material comprising: a particulate positive electrode active material (see e.g. "cathode active material" in paragraph [0020] and part number 110 in FIG. 1); and a solid electrolyte that covers a surface of the positive electrode active material (see e.g. "The first solid electrolyte material is located on a surface of the cathode active material to form a coating layer." in paragraph [0021] and part number 111 in FIG. 1), wherein the solid electrolyte forms a covering layer (see e.g. part number 111 in FIG. 1), the covering layer is formed such that recessed portions of the surface of the positive electrode active material are filled with the solid electrolyte (see e.g. "the coating layer 111 may uniformly coat the cathode active material particles" in paragraph [0128] and part number 111 in FIG. 1), and protruding portions of the surface of the positive electrode active material are exposed on a surface of the covered positive electrode active material (see e.g. "the coating layer 111 may coat a part of the cathode active material particles 1" in paragraph [0129] and FIG. 1; see the protrusions of the particle 110 in FIG. 1), wherein the solid electrolyte has a composition represented by the formula below,
Li3YX6
where X is at least one element selected from the group consisting of Cl and Br (see e.g. paragraphs [0053]-[0054]).
Matsumura does not explicitly disclose that the particle has a degree of unevenness ζ of a group of particles is defined by formula (1) below:
ζ = 1/n
∑
i
=
1
n
(
L
e
i
/
L
p
e
)...(1)
where n is an integer of greater than or equal to 3, the integer representing the number of measured particles, Lpi represents a perimeter of a contour of a sectional image of each particle, Lei represents a perimeter of an equivalent smooth ellipse having a long-short ratio and an area equal to a long-short ratio and an area of the sectional image of the particle, and the long-short ratio represents a ratio of a minor axis of the sectional image to a major axis of the sectional image, a degree of unevenness of a group of particles of the positive electrode active material is defined as ζ1, and a degree of unevenness of a group of particles of the covered positive electrode active material is defined as ζ2, and a degree of change in unevenness R defined by formula (2) below is greater than or equal to 1.1,
R = ζ2 / ζ1 ... (2).
Matsumura, however, discloses a covered positive electrode active material that has no compositional or structural distinction to the covered positive electrode active material claimed in the instant application. Therefore, the property of unevenness as claimed would be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I).
Matsumura further does not disclose that a ratio of a mass of the solid electrolyte to a mass of the positive electrode active material is in a range of greater than or equal to 3/100 and less than or equal to 7/100. Watano, however, in the same field of endeavor, composite positive electrode active materials, discloses that a ratio of a mass of the solid electrolyte to a mass of the positive electrode active material is 5:95 (see e.g. Ex. 1e in Table 1; this ratio can be converted to 5.26:100 by multiplying both 5 and 95 by approximately 1.0526 to show that this ratio falls withing the claimed range).
Watano 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).
Watano further teaches that a composite positive electrode active material of this type will lead to a battery having improved charge and discharge properties (see e.g. paragraph [0014]). 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 use the teachings of Watano in order to have a battery with improved charge and discharge properties as taught by Watano.
Regarding Claim 4, Matsumura in view of Watano discloses the covered positive electrode active material of claim 1 (see claim 1 rejection above). Matsumura in view of Watano does not disclose that in a sectional image of the covered positive electrode active material, a perimeter of a contour of the positive electrode active material is defined as L, and a total length of contact portions between the positive electrode active material and the covering layer is defined as C, and a coverage represented by a ratio C/L of the total length C to the perimeter L is in a range of greater than or equal to 0.3 and less than or equal to 0.95.
Matsumura in view of Watano, however, discloses a covered positive electrode active material that has no compositional or structural distinction tot he covered positive electrode active material claimed in the instant application. Because of this the property would be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I).
Regarding Claim 5, Matsumura in view of Watano discloses the covered positive electrode active material of claim 1 (see claim 1 rejection above). Matsumura further discloses that the covering layer has an average thickness in a range of greater than or equal to 1 nm and less than or equal to 100 nm (see e.g. "The thickness of the coating layer 111 may be not less than 1 nm and not more than 100 nm." in paragraph [0125]).
Matsumura 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 6, Matsumura in view of Watano discloses the covered positive electrode active material of claim 1 (see claim 1 rejection above). Matsumura further discloses that the covering layer has an average thickness in a range of greater than or equal to 1 nm and less than or equal to 100 nm (see e.g. "The thickness of the coating layer 111 may be not less than 1 nm and not more than 100 nm." in paragraph [0125]).
Matsumura 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 8, Matsumura in view of Watano discloses the covered positive electrode active material of claim 1 (see claim 1 rejection above). Matsumura further discloses that α, β, γ satisfy 2.5 ≤ α ≤ 3, 1 ≤ β ≤ 1.1 and γ = 6, respectively (see e.g. "In the composition formula (1), 2.5 ≤ α ≤ 3, 1 ≤ β ≤ 1.1, and γ = 6 may be satisfied." in paragraph [0048]).
Regarding Claim 9, Matsumura in view of Watano discloses the covered positive electrode active material of claim 1 (see claim 1 rejection above). Matsumura further discloses that the positive electrode active material contains a lithium nickel cobalt manganese oxide (see e.g. "the cathode active material may be a lithium nickel-cobalt-manganese oxide." in paragraph [0115]).
Regarding Claim 10, Matsumura in view of Watano discloses the covered positive electrode active material of claim 1 (see claim 1 rejection above). Matsumura further discloses that the positive electrode active material contains a lithium nickel cobalt manganese oxide (see e.g. "the cathode active material may be a lithium nickel-cobalt-manganese oxide." in paragraph [0115]). Matsumura further discloses that the positive electrode active material has a coating layer hat coasts at least a part of a surface of the positive electrode active material (see e.g. "a coating layer which coats at least a part of a surface of the cathode active material and includes a first solid electrolyte material" in paragraph [0009]). It would be obvious to a person of ordinary skill in the art that when the coating does not fully coat the positive electrode active material there would be a surface layer that is a lithium metal oxide.
Watano also discloses that the positive electrode active material contains a lithium nickel cobalt manganese oxide (see e.g. "LiCo1/3Ni1/3Mn1/3O2" in paragraph [0067]; lithium nickel cobalt manganese oxide is a lithium metal oxide). Watano further discloses that the extent of coating is 50% to 100% (see e.g. " The extent of coating may be 50%, 60%, 70%, 80%, 90%, 99% or 100%." in paragraph [0057). It would be obvious to a person of ordinary skill in the art that when the coating is less than 100% the positive electrode active material would have a surface layer that is nickel cobalt manganese oxide.
Watano further teaches that a composite positive electrode active material of this type will lead to a battery having improved charge and discharge properties (see e.g. paragraph [0014]). 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 use the teachings of Watano in order to have a battery with improved charge and discharge properties as taught by Watano.
Regarding Claim 12, Matsumura in view of Watano discloses a positive electrode material comprising: the covered positive electrode active material according to claim 1 (see claim 1 rejection above); and a positive electrode solid electrolyte (see e.g. "The cathode material 1000 according to the first embodiment includes second solid electrolyte particles 100, cathode active material particles 110, and a coating layer 111." in paragraph [0122] and FIG. 1).
Regarding Claim 13, Matsumura in view of Watano discloses the positive electrode material of claim 12 (see claim 12 rejection above). Matsumura further discloses that the positive electrode solid electrolyte includes a halide solid electrolyte (see e.g. "For example, a halide solid electrolyte including iodine is used as the second solid electrolyte material." in paragraph [0079]).
Regarding Claim 14, Matsumura in view of Watano discloses the positive electrode material of claim 12 (see claim 12 rejection above). Matsumura further discloses that the positive electrode solid electrolyte includes a sulfide solid electrolyte (see e.g. "A sulfide solid electrolyte may also be used as the second solid electrolyte material." in paragraph [0112]).
Regarding Claim 15, Matsumura in view of Watano discloses a battery comprising: a positive electrode including the positive electrode material according to claim 12 (see claim 12 rejection above); a negative electrode (see e.g. "an anode" in paragraph [0151]); and an electrolyte layer disposed between the positive electrode and the negative electrode (see e.g. "an electrolyte layer" in paragraph [0151] and "The electrolyte layer 202 is disposed between the cathode 201 and the anode 203." in paragraph [0153]).
Regarding Claim 16, Matsumura in view of Watano discloses the battery of claim 15 (see claim 15 rejection above) Matsumura further discloses that the electrolyte layer contains a solid electrolyte having the same composition as that of the solid electrolyte contained in the covering layer (see e.g. "As the halide solid electrolyte of the third solid electrolyte material, the same halide solid electrolyte as the first solid electrolyte material and/or the second solid electrolyte material in the first embodiment may be used." in paragraph [0159]).
Regarding Claim 17, Matsumura in view of Watano discloses the battery of claim 15 (see claim 15 rejection above) Matsumura further disclose that the electrolyte layer contains a halide solid electrolyte having a composition different from a composition of the solid electrolyte contained in the covering layer (see e.g. "Further, the third solid electrolyte material included in the electrolyte layer 202 may be a halide solid electrolyte different from the first solid electrolyte material and the second solid electrolyte material in the first embodiment." in paragraph [0161]).
Regarding Claim 18, Matsumura in view of Watano discloses the battery of claim 15 (see claim 15 rejection above) Matsumura further discloses that the electrolyte layer contains a sulfide solid electrolyte (see e.g. "the third solid electrolyte material included in the electrolyte layer… a sulfide solid electrolyte" in paragraph [0158]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et al. (US-20200350626-A1) in view of Watano et al. (US-20190198870-A1) as applied to claim 10 above, and further in view of Mun et al. (US-20130071745-A1).
Regarding Claim 11, Matsumura in view of Watano disclose the covered positive electrode active material of claim 10 (see claim 10 rejection above). Matsumura in view of Watano does not disclose that the lithium metal oxide contains lithium niobate.
Mun, however, in the same field of endeavor solid electrolyte covered positive electrode particles, discloses that the lithium metal oxide contains lithium niobate (see e.g. "LixCo1-yNiyMzO2-αXα ... M is at least one element selected from the group consisting of Mg... Nb" in paragraphs [0043] and [0044]) of Mun; Nb is niobate).
Mun further teaches that using these types of solid electrolyte cover positive electrode active material particles leads to high temperature stability, high temperature life characteristics, and high rate characteristics of a lithium battery may be improved (see e.g. paragraph [0127]). 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 use the teachings of Mun in order to improve the high temperature stability, the high temperature life characteristics, and the high rate characteristics of a lithium battery.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE EFYMOW whose telephone number is (571)270-0795. The examiner can normally be reached Monday - Thursday 10:30 am - 8:30 pm EST.
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/J.J.E./Examiner, Art Unit 1723
/MILTON I CANO/Supervisory Patent Examiner
Art Unit 1723
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