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
Claims 1-8 and 10-14 are pending.
Claims 11-14 have been withdrawn.
Claims 1 and 6 were amended.
Claim 9 was cancelled.
Status of Amendment
The amendment filed on June 4th, 2026 has been fully considered but does not place the application in condition for allowance.
Status of Objections and Rejections Pending Since the Office Action of March 4th, 2026
The 103 rejections of claims 1-8 and 10 are withdrawn in view of the Applicant's amendment.
The objection to claim 6 is withdrawn in view of the Applicant's amendment.
The 103 rejection of claim 9 is moot because it was cancelled.
Response to Arguments
Applicant’s arguments with respect to claim 1 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 § 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)(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 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi (US 2023/0042412 A1).
Regarding claims 1 and 4-7, Choi discloses a step of preparing a sintered product by mixing a positive electrode active material precursor ((Ni0.98Co0.01Mn0.01)(OH)2, [0079) with a lithium-containing raw material (LiOH*H2O) [0101]. The mixture is then sintered at a temperature between 700 °C and 750 °C (with the range recited in claim 4, 700 °C – 950 °C; [0102]. The sintered mixture is then washed with a washing solution which contains ammonium niobium oxalate as a coating layer precursor (as required by claims 6 and 7; [0103]). Ammonium niobium oxalate has niobium oxalate as a chelate anion (as required by claim 5). The washing solution comprises of 100.07205 grams of distilled water and the ammonium niobium oxalate [0103]. Choi’s process mixes that solution with 250 grams of the sintered product [0103]. 100.07205 grams of washing solution per 250 grams of sintered product corresponds with a ratio of 40.02 parts by weight of washing solution based on 100 parts by weight of the sintered product. A lithium-niobium-oxide solid solution is formed because a niobium coating layer is formed on a lithium oxide particle. That sintered product is then dried at 300 °C for an hour [0104].
Regarding claim 2, Choi discloses that the positive electrode active material precursors have the compositions of (Ni0.98Co0.01Mn0.01)(OH)2 and (Ni0.64Co0.23Mn0.13)(OH)2 [0079]. These compositions satisfy the elemental requirements of Formula 1 and the molar requirements recited afterwards.
Regarding claim 3, Choi discloses a method where the positive active material precursor and the lithium raw material are mixed in a molar ratio of 1:1.05 [0101] which is within the claimed range of 1:1 – 1:1.1.
Regarding claim 8, Choi discloses a method where the ratio of the coating layer precursor in the washing solution to the sintered product is 0.7205 grams to 250 grams [0103]. This corresponds with a ratio of 0.288 parts by weight of the coating layer precursor based on 100 parts by weight of the sintered product.
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.
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 2023/0042412 A1). Choi teaches that the heat treatment in their process may be in a range of 100 °C – 500 °C [0054]. This overlaps with the claimed range of 500 °C – 900 °C. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05 (I). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to use a heat treatment in the range of 500 °C – 900 °C based on Choi’s range of 100 °C – 500 °C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park (US 2022/0344657 A1) discloses a method where a coating layer is formed on a positive active material during a washing step in which a coating layer precursor is included [0045].
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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/R.B.R./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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