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 .
Response to Arguments
Applicant's arguments filed 2-13-2026 have been fully considered but they are not persuasive. The rejection of claim(s) 1-5 and 11-12 remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moon et al. (US 2019/0372109) because Moon et al. teaches the claimed invention. Moon et al. teaches in [0060], that the nickel-containing lithium transition metal oxide may be represented by Formula 4, LiaNibCocMndM3e where M3 may be Zr [claim 3]. Moon et al. teaches in [0111], that the cathode comprises Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core [teaches claims 1, 3 and 12] and a Li2ZrO3 coating layer [teaching claims 1-2 and 11]. Moon et al. teaches in [0128], a battery comprising the cathode, a lithium anode and an electrolyte [teaching claim 4]. Moon et al. teaches in [0094], that the electrolyte may be in a solid phase such as lithium oxide, etc. and that any material suitable for use as a solid electrolyte may be used [teaching claim 5]. Applicant argues that the species Li8ZrO6 for the second portion was chosen therefore Moon et al. cannot be used. The Examiner disagrees because claims 1-5 and 11-12 are not limited to this species but to any second portion including LiaZrBOg as claimed in claims 1, 3, 4-5 and 12 and claims 2 and 11, claims that the second portion comprises the species Li8ZrO6 but also comprises Li2ZrO3. The rejection of claim(s) 13-14 remain rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Moon et al. (US 2019/0372109) because Moon et al. teaches the claimed invention. Since Moon et. al. teaches the same lithium secondary battery, then inherently the same battery configured to exhibit a capacity retention of least 91.6% after 100 cycles at a rate of 2 C over 2.8V to 4.5V; or a capacity retention of at least 93.7% after 20 cycles at a rate of 0.2 C over 2.8V to 4.5V or configured to exhibit a discharge capacity of at least 159.6-180.2 mAhg-1 must also be obtained. The claim(s) 4-7 and 11-14 remain rejected under 35 U.S.C. 103 as being unpatentable over Takami et al. (EP 3 379 625) in view of Moon et al. (US 2019/0372109) because Takami et al. discloses the claimed invention teaching a battery comprising a lithium anode [claim 4], a solid electrolyte layer comprising Li6.4La3Zr1.4Ta0.6O12 [teaching claims 5-7] and a cathode comprising cathode comprises LiNi0.8Co0.1Mn0.1O2 but does not teach that the cathode comprising the lithium nickel cobalt manganese composite oxide has a portion doped with Zr and has a coating layer comprising Li2ZrO3. Moon et al. teaches in [0003], that to adapt to the trend toward devices having a smaller size and increased performance, it is advantageous to provide a lithium battery having a high energy density, a small size, a low weight and having a high capacity. It would have been obvious to one having ordinary skill to use a cathode comprising the Zr-doped LiNi0.8Co0.1Mn0.1O2 with a Li2ZrO3-coated layer because Moon et al. teaches that a cathode comprising a Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core with a Li2ZrO3 coating layer prevents performance deterioration of a battery because the composite material suppresses the side reaction on the surface of and inside of the active material. Applicant argues that Takami et al. does not teach that the cathode comprising the nickel cobalt manganese composite oxide having a portion doped with Zr and has a coating layer comprising Li2ZrO3. This is correct so that is why the rejection of a 35 U.S.C. 103 rejection was made. The rejection of claim(s) 1-7 and 11-14 remain rejected under 35 U.S.C. 103 as being unpatentable over Moon et al. (US 2019/0372109) in view of Takami et al. (EP 3 379 625) because Moon et al. discloses the claimed invention teaching a battery comprising a lithium anode, the exact same cathode comprising a Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core and a Li2ZrO3 coating layer and an electrolyte that may be in a solid phase such as lithium oxide and that any material suitable for use as a solid electrolyte may be used but does not teach that the solid electrolyte layer comprises Li6.4La3Zr1.4Ta0.6O12. Takami et al. teaches in Example 16, a cathode comprising LiNi0.8Co0.1Mn0.1O2 and teaches in [0094-0095], that the solid electrolyte materials can include an oxide solid electrolyte having a garnet type structure having an advantage that the reduction in resistance is high in the electrochemical window is wide which includes Li6.4La3Zr1.4Ta0.6O12, has high ion conductivity and are electrochemically stable so that excellent discharge performance and cycle life performance is provided. It would have been to use the lithium oxide, Li6.4La3Zr1.4Ta0.6O12as the solid electrolyte layer because Takami et al. teaches that oxide solid electrolyte materials having a garnet type structure such as Li6.4La3Zr1.4Ta0.6O12, has an advantage that the reduction in resistance is high in the electrochemical window is wide which includes has high ion conductivity and are electrochemically stable so that excellent discharge performance and cycle life performance is provided.
Election/Restrictions
Applicant’s election without traverse of Invention I, of a cathode comprising an active material comprising a core comprising doped with Zr and a solid state electrolyte layer comprising as claimed in claim 6, (iii) Li7-cLa3(Zr2-cNc)O12 in claims 1-7 and 11-14 in the reply filed on 7-28-2025 is acknowledged.
Claims 8-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7-28-2025.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7-28-2025.
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)(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.
Claim(s) 1-5 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moon et al. (US 2019/0372109). Moon et al. teaches in [0032], referring to Fig. 1A, a composite cathode active material 400 which includes a secondary particle 300 including a core 100 and a shell 200 may be a coating layer on a portion of a surface of the core 100, or on the entire surface of the core 100. The primary particles 10 may include a nickel-based lithium transition metal oxide doped with a first metal and having a layered crystalline structure.
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Moon et al. teaches in [0060], that the nickel-containing lithium transition metal oxide may be represented by Formula 4, LiaNibCocMndM3e where M3 may be Zr [claim 3]. Moon et al. teaches in [0111], that the cathode comprises Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core [teaches claims 1, 3 and 12] and a Li2ZrO3 coating layer [teaching claims 1-2 and 11]. Moon et al. teaches in [0128], a battery comprising the cathode, a lithium anode and an electrolyte [teaching claim 4]. Moon et al. teaches in [0094], that the electrolyte may be in a solid phase such as lithium oxide, etc. and that any material suitable for use as a solid electrolyte may be used [teaching a solid-state electrolyte as claimed in claim 5].
Claim Rejections - 35 USC § 103
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13-14 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Moon et al. (US 2019/0372109). Moon et al. teaches a cathode comprising Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core and a Li2ZrO3 coating layer. Moon et al. teaches in [0128], a battery comprising the cathode, a lithium anode and an electrolyte. Moon et al. teaches in [0094], that the electrolyte may be in a solid phase such as lithium oxide, etc. and that any material suitable for use as a solid electrolyte may be used. Since Moon teaches the same lithium secondary battery comprising a lithium anode, an electrolyte and the same cathode comprising the exact same Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core and a Li2ZrO3 coating layer, then inherently the same battery configured to exhibit a capacity retention of least 91.6% after 100 cycles at a rate of 2 C over 2.8V to 4.5V; or a capacity retention of at least 93.7% after 20 cycles at a rate of 0.2 C over 2.8V to 4.5V or configured to exhibit a discharge capacity of at least 159.6-180.2 mAhg-1 must also be obtained.
In addition, the presently claimed property of a battery configured to exhibit a capacity retention of least 91.6% after 100 cycles at a rate of 2 C over 2.8V to 4.5V; or a capacity retention of at least 93.7% after 20 cycles at a rate of 0.2 C over 2.8V to 4.5V or configured to exhibit a discharge capacity of at least 159.6-180.2 mAhg-1 would have obviously been present once the Moon et al. product is provided. See MPEP 2122.01, I.
Claim(s) 4-7 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Takami et al. (EP 3 379 625) in view of Moon et al. (US 2019/0372109). Takami et al. teaches a battery comprising a positive electrode, a negative electrode, a separator comprising an alkali metal ion conductive solid electrolyte [an electrolyte]. Takami et al. teaches in [0079], a positive electrodes comprising lithium nickel cobalt manganese composite oxide comprising LixNi1-x-yCoyMnzO2, etc. Takami et al. teaches in Examples 1-11, a battery comprising a cathode, an anode comprising Li4Ti5O12 [teaching a lithium anode, claim 4] and a separator comprising Li1.3Al0.3Zr1.7(PO4)3. Takami et al. teaches in Example 16, the cathode comprises LiNi0.8Co0.1Mn0.1O2 [teaches the cathode material in claim 4]. Takami et al. teaches in [0094-0095], that the solid electrolyte materials can include a lithium phosphate solid electrolyte having a NASCION type structures represented by Li1+xM2(PO4)3 where M can be Al, Zr, etc. and an oxide solid electrolyte having a garnet type structure has an advantage that the reduction in resistance is high in the electrochemical window is wide include Li6.4La3Zr1.4Ta0.6O12 which has high ion conductivity and are electrochemically stable so that they have excellent discharge performance and cycle life performance. Takami et al. teaches in [0047], that the negative electrode material can comprise a lithium alloy, Li4Ti5O12, etc. Takami et al. discloses the claimed invention teaching a battery comprising a lithium anode, a solid electrolyte layer comprising Li6.4La3Zr1.4Ta0.6O12 [teaching claims 5-7] and a cathode comprising cathode comprises LiNi0.8Co0.1Mn0.1O2 but does not teach that the cathode comprising the lithium nickel cobalt manganese composite oxide has a portion doped with Zr and has a coating layer comprising Li2ZrO3. Moon et al. teaches in [0003], that to adapt to the trend toward devices having a smaller size and increased performance, it is advantageous to provide a lithium battery having a high energy density, a small size, a low weight and having a high capacity. Moon et al. teaches in [0004], that research has been conducted to identify cathode active materials having high capacity such as a nickel-based (e.g., nickel-containing) active material but this material may have poor lifetime characteristics and poor thermal stability due to side reactions cause by a high amount of residual surface lithium. Moon et al. teaches in [0006], that a novel composite cathode active material which prevents performance deterioration of a battery because the composite material suppressing the side reaction on the surface of and inside of the active material. Moon et al. teaches a cathode comprising Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core and a Li2ZrO3 coating layer [teaching claims 4 and 11-12]. Moon et al. teaches in [0128], a battery comprising the cathode, a lithium anode and an electrolyte. Moon et al. teaches in [0094], that the electrolyte may be in a solid phase such as lithium oxide, etc. and that any material suitable for use as a solid electrolyte may be used. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a cathode comprising the Zr-doped LiNi0.8Co0.1Mn0.1O2 with a Li2ZrO3-coated layer because Moon et al. teaches that a cathode comprising a Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core with a Li2ZrO3 coating layer prevents performance deterioration of a battery because the composite material suppresses the side reaction on the surface of and inside of the active material. The presently claimed property of a battery configured to exhibit a capacity retention of least 91.6% after 100 cycles at a rate of 2 C over 2.8V to 4.5V; or a capacity retention of at least 93.7% after 20 cycles at a rate of 0.2 C over 2.8V to 4.5V or configured to exhibit a discharge capacity of at least 159.6-180.2 mAhg-1 would have obviously been present once the Takami et al. in view of Moon et al. product is provided. See MPEP 2122.01, I.
Claim(s) 1-7 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al. (US 2019/0372109) in view of Takami et al. (EP 3 379 625). Moon et al. teaches in [0032], referring to Fig. 1A, a composite cathode active material 400 which includes a secondary particle 300 including a core 100 and a shell 200 may be a coating layer on a portion of a surface of the core 100, or on the entire surface of the core 100. The primary particles 10 may include a nickel-based lithium transition metal oxide doped with a first metal and having a layered crystalline structure. Moon et al. teaches in [0060], that the nickel-containing lithium transition metal oxide may be represented by Formula 4, LiaNibCocMndM3e where M3 may be Zr [claim 3]. Moon et al. teaches in [0111], that the cathode comprises Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core [teaches claims 1, 3 and 12] and a Li2ZrO3 coating layer [teaching claims 1-2 and 11]. Moon et al. teaches in [0128], a battery comprising the cathode, a lithium anode and an electrolyte [teaching claim 4]. Moon et al. teaches in [0094], that the electrolyte may be in a solid phase such as lithium oxide, etc. and that any material suitable for use as a solid electrolyte may be used [teaching claim 5]. Since Moon teaches the same lithium secondary battery comprising a lithium anode, an electrolyte and the same cathode comprising the exact same Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core and a Li2ZrO3 coating layer, then inherently the same battery configured to exhibit a capacity retention of least 91.6% after 100 cycles at a rate of 2 C over 2.8V to 4.5V; or a capacity retention of at least 93.7% after 20 cycles at a rate of 0.2 C over 2.8V to 4.5V or configured to exhibit a discharge capacity of at least 159.6-180.2 mAhg-1 must also be obtained.
In addition, the presently claimed property of a battery configured to exhibit a capacity retention of least 91.6% after 100 cycles at a rate of 2 C over 2.8V to 4.5V; or a capacity retention of at least 93.7% after 20 cycles at a rate of 0.2 C over 2.8V to 4.5V or configured to exhibit a discharge capacity of at least 159.6-180.2 mAhg-1 would have obviously been present once the Moon et al. product is provided. See MPEP 2122.01, I.
Moon et al. discloses the claimed invention teaching a battery comprising a lithium anode, the exact same cathode comprising a Zr-doped Li(Ni0.88Co0.08Mn0.04)1-xZrxO2 core and a Li2ZrO3 coating layer and an electrolyte that may be in a solid phase such as lithium oxide and that any material suitable for use as a solid electrolyte may be used but does not teach that the solid electrolyte layer comprises Li6.4La3Zr1.4Ta0.6O12. Takami et al. teaches in Example 16, a cathode comprising LiNi0.8Co0.1Mn0.1O2 and teaches in [0094-0095], that the solid electrolyte materials can include an oxide solid electrolyte having a garnet type structure having an advantage that the reduction in resistance is high in the electrochemical window is wide which includes Li6.4La3Zr1.4Ta0.6O12, has high ion conductivity and are electrochemically stable so that excellent discharge performance and cycle life performance is provided. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the lithium oxide, Li6.4La3Zr1.4Ta0.6O12as the solid electrolyte layer because Takami et al. teaches that oxide solid electrolyte materials having a garnet type structure such as Li6.4La3Zr1.4Ta0.6O12, has an advantage that the reduction in resistance is high in the electrochemical window is wide which includes has high ion conductivity and are electrochemically stable so that excellent discharge performance and cycle life performance is provided.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. “Extending the Battery Life Using an Al-Doped Li[Ni0.76Co0.09Mn0.15]O2 Cathode with Concentration Gradients for Lithium Ion Batteries” teaches a cathode material comprising Li[Ni0.76Co0.09Mn0.14Al0.01]O2 and Li[Ni0.75Co0.09Mn0.14Al0.02]O2. Kim et al. teaches in the abstract that the cycling stability of a Ni-enriched compositionally graded Li[Ni0.76Co0.09Mn0.15]O2 cathode doped with Al (1 and 2 mol %) was explicitly demonstrated by cycling the cathodes in a full cell against a graphite anode up to 1000 cycles. Without Al doping, the pristine gradient cathode retained 88% of the initial discharge capacity, whereas the 2 mol % Al-doped gradient cathode retained 95% of its original capacity. Meanwhile, Li[Ni0.82Co0.14Al0.04]O2 (NCA), representing a typical cathode for commercialized electric vehicles, retained only 80% of the initial capacity. It was shown that Al doping together with the unique morphology of the compositionally graded cathode was able to suppress the microcracking and helped to preserve the mechanical integrity of the cathode particles, whereas the benchmark NCA cathode sustained continuous capacity loss during cycling and was completely pulverized. The remarkable long-term cyclability of the Al-doped gradient cathodes was attributed to the enhanced structural and the surface stabilization, which also improved the thermal stability. Han et al. “Enhancing the Structural Stability of Ni-Rich Layered Oxide Cathodes with a Preformed Zr-Concentrated Defective Nanolayer” teaches a Li[(Ni0.8Co0.1Mn0.1)0.985(Zr)0.015]O2 cathode material with a preformed cation-mixed layer (∼5 nm) was prepared using a Zr-rich precursor coating on [Ni0.8Co0.1Mn0.1]CO3 during the precipitation process.
Sun et al. “Li2ZrO3-coated LiNi0.6Co0.2Mn0.2O2 for high-performance cathode material in lithium-ion battery” teaches in the abstract, to improve the high-rate capacity and cycle ability, Li2ZrO3 was successfully coated on LiNi0.6Co0.2Mn0.2O2 materials via wet chemical method. The crystal structure and electrochemical properties of the bare and coated material are studied by X-ray diffractometry (XRD), scanning electron microscope (SEM), transmission electron microscopy (TEM), cyclic voltammetry, and electrochemical impedance spectroscopy (EIS). The XRD and SEM results indicated that the lattice structure of Li2ZrO3-coated materials was the same as the pristine one. Transmission electron microscopy showed that there was a thin Li2ZrO3 coating layer on the surface. Li2ZrO3-coating improves the rate performance and cycling stability. Within the cutoff voltage of 2.6–4.8 V, the 1 wt% Li2ZrO3-coated samples exhibited an initial discharge capacity of 190 mAh g−1 and with a capacity retention about 85 % after 50 cycles at 0.1 C. Minor Li2ZrO3 modification plays an important role to enhance the high-rate capability and cycle ability of LiNi0.6Co0.2Mn0.2O2. In order to further improve the electrochemical properties, many strategies were proposed such as metal doping and surface coating. However, doping with electrochemically inactive elements could stabilize the structure but causes a decrease in capacity because the substituents are usually electrochemically inactive ingredients, such as Al, Mg, and Zn. Surface coating of the cathode material by coating a small amount of inert metal oxides, such as ZnO, ZrO2, La2O3, and V2O5, can significantly improve the cyclic performance by avoiding the unwanted reactions on the surface. However, the inert metal oxides are often poor electronic and ionic conductors, which usually leads to a large irreversible capacity and poor rate performance. Recently, some Li-contained oxides, such as Li2CO3, LiAlO2, LiCoO2, and Li4Ti5O12, were introduced as coating materials for Li(Ni1-x-yCoxMny)O2 electrode, since it availably enhance the electrochemical performance because of their good conductivity and also provide the tunnel for Li+ transportation during charge/discharge process. In this work, Li2ZrO3 was introduced as a coating material for LiNi0.6Co0.2Mn0.2O2 cathode. The coated sample was prepared via a wet chemical method followed by heat treatment. X-ray diffractometry, scanning, and transmission electron microscopy have been conducted to confirm the structure and surface morphology. The effect of Li2ZrO3 coating on the electrochemical performance and cyclic stability was investigated at a high cutoff voltage, and the reason of the improved performance was discussed. Song et al. “Long-Life Nickel-Rich Layered Oxide Cathodes with a Uniform Li2ZrO3 Surface Coating for Lithium-Ion Batteries” teaches in the abstract, as nickel-rich layered oxide cathodes start to attract worldwide interest for the next-generation lithium-ion batteries, their long-term cyclability in full cells remains a challenge for electric vehicles. Here we report a long-life Ni-rich layered oxide cathode (LiNi0.7Co0.15Mn0.15O2) with a uniform surface coating of the cathode particles with Li2ZrO3. A pouch-type full cell fabricated with the Li2ZrO3-coated cathode and a graphite anode displays 73.3% capacity retention after 1500 cycles at a C/3 rate. The Li2ZrO3 coating has been optimized by a systematic study with different synthesis approaches, annealing temperatures, and coating amounts. The complex relationship among the coating conditions, uniformity, and morphology of the coating layer and their impacts on the electrochemical properties are discussed in detail. Liang et al. “Improvement in the electrochemical performance of LiNi0.8Co0.1Mn0.1O2 cathode material by Li2ZrO3 coating” teaches a cathode active material comprising Li2ZrO3 coated LiNi0.8Co0.1Mn0.1O2 materials which exhibit outstanding electrochemical properties, much better than the pristine one, proving that Li2ZrO3-coating is an effective strategy for improving the electrochemical performance of Ni-rich cathode materials. Liang et al. teaches that the cathode of the cell was prepared by mixing the 80 wt.% powders, 10 wt.% conductive carbon black and 10 wt.% polyvinylidene fluoride (PVDF) binder uniformly in N-methyl-2-pyrrolidnone (NMP). Then the mixture was spread evenly on the aluminum foil. Then the cathode was assembled with a lithium metal anode, a separator and electrolyte solution (1 M LiPF6 in EC: EMC: DMC = 1: 1: 1 in volume).
THIS ACTION IS MADE FINAL. 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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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723