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 .
This is the initial Office action based on application number 18/005274 filed on 01/12/2023. Claims 1-16 are currently pending and have been considered below.
Election/Restrictions
Applicant’s election without traverse of Group I, directed to a positive electrode active material precursor as recited in claims 1-10 and 16, without traverse in the reply filed on 11/11/2025 is acknowledged. Claims 11-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1-5, 7, 8, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tan et al. (CN 107546383 A). The English translation of the CN 107546383 A is attached.
Regarding to claim 1: Tan et al. disclose a core-shell structure high-nickel material as a cathode active material in lithium-ion batteries (par. 2). The core-shell structure high-nickel material precursor comprising:
a precursor core with a chemical formula of NixCoyM1-x-y(OH)2, wherein M is one or at least two selected from Al, Mn, Ti, Zr, Zn, Fe, Mg, Nb, V, W, Ca, and Cr; 0.6≤x≤1.0, 0.1≤y≤0.4. (par. 22, 23);
a first precursor shell, formed on the precursor core, with a chemical formula of NiaCo1-a(OH)2, wherein 0.6≤a≤1.0 (equivalent to Chemical Formula 1, wherein c=0) (par. 22, 24) (a precursor core and a first precursor shell are equivalent to a first region);
a second precursor shell, formed on the first precursor shell, with a chemical formula of N(OH)2, wherein N is one or at least two selected from Al, Mn, Ti, Zr, Zn, Fe, Mg, Nb, V, W, Ca (par. 22, 23, 24) (Mn(OH)2 is equivalent to Chemical Formula 3, wherein e=0) (a second precursor shell is equivalent to a second region).
Regarding to claim 2: Tan et al. disclose a core-shell structure high-nickel material as a cathode active material in lithium-ion batteries (par. 2). The core-shell structure high-nickel material precursor comprising:
a precursor core with a chemical formula of NixCoyM1-x-y(OH)2, wherein M is one or at least two selected from Al, Mn, Ti, Zr, Zn, Fe, Mg, Nb, V, W, Ca, and Cr; 0.6≤x≤1.0, 0.1≤y≤0.4. (par. 22, 23);
a first precursor shell, formed on the precursor core, with a chemical formula of NiaCo1-a(OH)2, wherein 0.6≤a≤1.0 (equivalent to Chemical Formula 1, wherein e=0) (par. 22, 24) (a precursor core and a first precursor shell are equivalent to a first region);
a second precursor shell, formed on the first precursor shell, with a chemical formula of N(OH)2, wherein N is one or at least two selected from Al, Mn, Ti, Zr, Zn, Fe, Mg, Nb, V, W, Ca (par. 22, 23, 24) (Mn(OH)2 is equivalent to Chemical Formula 3, wherein e=0) (a second precursor shell is equivalent to a second region).
Regarding to claim 3: Tan et al. disclose a core-shell structure high-nickel material as a cathode active material in lithium-ion batteries (par. 2). The core-shell structure high-nickel material precursor comprising:
a precursor core with a chemical formula of NixCoyM1-x-y(OH)2, wherein M is one or at least two selected from Al, Mn, Ti, Zr, Zn, Fe, Mg, Nb, V, W, Ca, and Cr; 0.6≤x≤1.0, 0.1≤y≤0.4. (par. 22, 23);
a first precursor shell, formed on the precursor core, with a chemical formula of NiaCo1-a(OH)2, wherein 0.6≤a≤1.0 (equivalent to Chemical Formula 1, wherein e=0) (par. 22, 24) (a precursor core and a first precursor shell are equivalent to a first region);
a second precursor shell, formed on the first precursor shell, with a chemical formula of N(OH)2, wherein N is one or at least two selected from Al, Mn, Ti, Zr, Zn, Fe, Mg, Nb, V, W, Ca (par. 22, 23, 24) (Mn(OH)2 is equivalent to Chemical Formula 3, wherein e=0) (a second precursor shell is equivalent to a second region).
Regarding to claim 4: Tan et al. disclose the core-shell structure precursor with the composition of [Ni0.8Co0.1Mn0.1(OH)2]·0.909[Ni0.88Co0.12(OH)2]·0.1[Mn(OH)2] in example 2 (par. 84) (the molar ratio of Ni : Co : Mn in the precursor is equivalent to 80 % : 10 % : 10%).
Regarding to claim 5: Tan et al. disclose the average particle size of the core-shell structured high-nickel material is 2 to 30 µm (par. 17).
Regarding to claim 7: Tan et al. disclose the average particle size of the core-shell structured high-nickel material is 2 to 30 µm (par. 17). Tan et al. are silent on a BET specific surface area of the positive electrode active material precursor is 2 m2/g to 20 m2/g. However, it is the position of the examiner that other properties of said material, such as BET surface area, is inherent, given that the core-shell structure precursor disclosed by Tan et al. and the present application having similar manufacturing processes and particle sizes. A reference which is silent about a claimed invention’s features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. Inherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
Regarding to claim 8: Tan et al. disclose the tap density of the core-shell structured high-nickel material is 2.4g/cm3 (par. 78).
Regarding to claim 16: Tan et al. disclose the core-shell precursor is mixed with lithium and sintered to obtain a core-shell structured high mickle material (equivalent to a positive electrode active material) (par. 34).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (CN 107546383 A) as applied in claim 1 above.
Regarding to claim 6: Tan et al. disclose a core-shell structure high-nickel material as a cathode active material in lithium-ion batteries as described in paragraph 3 above. Tan et al. does not specifically disclose a thickness of the second region is 30 nm to 500 nm. However, Tan et al. recognize the formation of the second precursor shell can be controlled by the concentration of MnSO4 and the pH value (par. 74). Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention can adjust the concentration of MnSO4 and the pH value to yield the thicker or thinner precursor shell thickness. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Claims 9, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (CN 107546383 A) in view of Miyamoto et al. (US 5506076 A)
Regarding to claim 9: Tan et al. disclose a core-shell structure high-nickel material as a cathode active material in lithium-ion batteries as described in paragraph 3 above. Tan et al. further disclose a method and process parameters to produce the core-shell structure precursor (par. 27-34, par. 43-53). Tan et al. do not specifically discuss a crystallite size of the core-shell structure precursor. However, Miyamoto et al. disclose an alkali secondary battery comprising a positive electrode containing nickel hydroxide (abstract). Miyamoto et al. further teach the grain size of the nickel hydroxide which contains cobalt and at least one transition metal selected from the group consisting of copper, bismuth, chromium, gallium, indium, lanthanum, scandium, and yttrium can be increased by controlling the temperature and the pH value. More specifically, large nickel hydroxide crystals can be produced by controlling the temperature to be close to the transition temperature and controlling the pH in a weak base region to set a metastable region (e.g., pH 11) as close as possible to neutralization. The small nickel hydroxide crystals can be produced by stopping the reaction before large crystals start to grow (col. 6, lines 54-67, col. 7, lines 1-18 ). Therefore, it would have been within the skill of one of ordinary in the art to adjust the temperature, the pH value, and the reaction time of the precipitation process of Tan et al. to get the desired crystallite size. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Regarding to claim 10: Tan et al. disclose a core-shell structure high-nickel material as a cathode active material in lithium-ion batteries as described in paragraph 3 above. Tan et al. further disclose a method and process parameters to produce the core-shell structure precursor (par. 27-34, par. 43-53). Tan et al. do not specifically discuss a crystallite size of the core-shell structure precursor. However, Miyamoto et al. disclose an alkali secondary battery comprising a positive electrode containing nickel hydroxide (abstract). Miyamoto et al. further teach the grain size of the nickel hydroxide which contains cobalt and at least one transition metal selected from the group consisting of copper, bismuth, chromium, gallium, indium, lanthanum, scandium, and yttrium can be increased by controlling the temperature and the pH value. More specifically, large nickel hydroxide crystals can be produced by controlling the temperature to be close to the transition temperature and controlling the pH in a weak base region to set a metastable region (e.g., pH 11) as close as possible to neutralization. The small nickel hydroxide crystals can be produced by stopping the reaction before large crystals start to grow (col. 6, lines 54-67, col. 7, lines 1-18 ). Therefore, it would have been within the skill of one of ordinary in the art to adjust the temperature, the pH value, and the reaction time of the precipitation process of Tan et al. to get the desired crystallite size. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Conclusion
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/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717