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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. EP 20205588.5, filed on November 4th, 2020.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 16-28, drawn to a positive electrode active oxide material in the reply filed on January 21st, 2026 is acknowledged.
Claim 29 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected process for manufacturing the positive electrode active material, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 21st, 2026.
Claim Objections
Claim 26 is objected to because of the following informalities: the claim recites “…comprising positive electrode active material…” The Examiner requests the instant claim be amended to include “…comprising a positive electrode active material…” Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 16, there is insufficient antecedent basis for “positive electrode active material.” For the purposes of examination, said positive electrode active material is understood to mean a single-crystalline positive electrode active oxide material as recited in the preamble of the instant claim. Appropriate correction is required.
Further regarding claim 16, the instant claim recites “an atomic ratio of Al to a total amount of Ni, Mn, and/or Co” and “an atomic ratio of F to a total amount of Ni, Mn, and/or Co”. It is unclear if the total amount of Ni, Mn, and/or Co in calculating the atomic ratio of aluminum may be the same as the total amount of total amount of Ni, Mn, and/or Co in calculating the atomic ratio of fluorine. Appropriate correction is required.
Regarding claims 17-28, the preamble of claims 17-28 appear to be reciting a positive electrode active material, in that the preamble begins with “positive electrode active material”. However, independent claim 16 recites a single-crystalline positive electrode active oxide material, in that the preamble begins with “a single-crystalline positive electrode active oxide material”. It is unclear, for the instant dependent claims 17-28 if applicant is attempting to claim the single-crystalline positive electrode active oxide material of claim 16 as the positive electrode active material of claim 16, as written in the dependent claims. Applicant is advised to clarify the preamble of claims 17-28 so that they more clearly claim and further modify the subject matter of the invention set forth in the independent claim 16. For purposes of examination, claims 17-28 will be read as if referring to the single-crystalline positive electrode active oxide material of claim 16. Appropriate correction is required.
Further regarding claims 17-19, the instant claim recites “an atomic ratio of Al to a total amount of Ni, Mn, and/or Co” and “an atomic ratio of F to a total amount of Ni, Mn, and/or Co”. It is unclear if the total amount of Ni, Mn, and/or Co in calculating the atomic ratio of aluminum may be the same as the total amount of total amount of Ni, Mn, and/or Co in calculating the atomic ratio of fluorine, or is the same as the total amount of Ni, Mn, and/or Co used in calculating the ratios of aluminum and fluorine defined in independent claim 16. Appropriate correction is required.
Further regarding claims 20-23, the instant claims recites “…the total atomic content of Ni, Mn, Co…”. There is insufficient antecedent basis for the total atomic content. Appropriate correction is required.
Further regarding claims 20-24, the instant claims recites “…said particles…”. There is insufficient antecedent basis for the particles.
Further regarding claims 20-23, the instant claims recites “…relative to the total atomic content of Ni, Mn, Co in said particles…” It is unclear if the atomic content of the elements determined in claims 20-23 is being determined with respect to nickel, cobalt, or manganese, or some combination of these elements. Appropriate correction is required.
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.
Claims 16-25, 28 are rejected under 35 U.S.C. 103 as being unpatentable over Xin (Chinese Patent Publication No. 107210422 A) (machine translation of application relied upon in corresponding U.S. Patent Publication No. 20210399287 A1).
Regarding claim 16, Xin teaches a positive electrode active oxide material for rechargeable batteries (Abstract) comprising lithium, oxygen, nickel, and at least one metal selected from the group comprising manganese and cobalt, and further comprises aluminum and fluorine (Paragraph 0011).
It is reasonable to presume that the single-crystalline positive electrode active oxide material of Xin:
is single-crystalline
has an atomic ratio of Al to a total amount of Ni, Mn, and/or Co of 1.0 to 7.0, as determined by XPS analysis
has an atomic ratio of F to a total amount of Ni, Mn, and/or Co of 0.5 to 6.0, as determined by XPS analysis.
Support for said presumption is found in that Xin teaches a method of making the positive electrode active oxide material which overlaps the method described in the instant disclosure, particularly relating to the components, their proportions, and their use in the method steps.
In step 1 of the process disclosed by Example 1 of the instant disclosure, 1 kg of CEX1 powder is mixed with 2 grams of alumina nano-powder for 30 minutes at 1000 rpm (Page 16, Lines 25-26). The instant disclosure provides the CEX1 powder having a general formula Li1.01(Ni0.63Mn0.22Co0.15)0.99O2 (Page 15, Lines 15-16).
Xin teaches in the general method of making the lithium metal oxide, a step of providing a first mixture comprising a source of aluminum and a lithium M’-oxide powder, with M’=Niz(Ni1/2Mn1/2)yCox, where 0.15≤x≤0.30, 0.10≤z≤0.55 and x+y+z=1 (Paragraphs 0022-0023). Xin further teaches that the source of alumina is nanometric alumina powder (Paragraph 0029).
Xin teaches an embodiment in example 1 of the disclosure, comprising a step (d) in which 1 kg of a lithium-nickel-manganese-cobalt oxide powder (represented by Li1.01(Ni0.4(Ni1/2Mn1/2)0.4Co0.2)0.99O2) is mixed with 2 g of alumina nanopowder, typically at 1000 rpm for 30 minutes (Paragraph 0077).
Thus, Xin teaches a step (d) which corresponds to step (1) of the instant disclosure, where 1 kg of a lithium metal oxide is mixed with 2 grams of alumina nano-powder for 30 minutes at 1000 rpm.
As described above, the instant disclosure provides that the lithium metal oxide powder in step 1 is Li1.01(Ni0.63Mn0.22Co0.15)0.99O2.
In the embodiment of Example 1 of Xin, step (d) teaches the lithium metal oxide powder is Li1.01(Ni0.4(Ni1/2Mn1/2)0.4Co0.2)0.99O2, which simplifies to Li1.01(Ni0.6Mn0.2Co0.2)0.99O2. The compound explicitly taught in step d Example 1 of Xin has stoichiometric proportions of the elements Li, Ni, Mn, Co, and O which are very similar to the compound taught by the instant disclosure recited above.
However, additionally, Xin teaches generally, the lithium M’-oxide powder is represented by M’=Niz(Ni1/2Mn1/2)yCox, where 0.15≤x≤0.30, 0.10≤z≤0.55 and x+y+z=1. Thus, Xin teaches it is possible to adjust the ratios of nickel, manganese, and cobalt in the precursor lithium metal oxide powder and therefore the ordinary artisan would find it obvious to tune the subscripts of Ni, Mn, and Co in Li1.01(Ni0.63Mn0.22Co0.15)0.99O2 to arrive at the starting material of the instant disclosure, since the combination of components would have yielded predictable results as a lithium metal oxide precursor material, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E). When the subscripts of Ni, Mn, and Co are tuned according to the teachings of Xin and set to x=0.15 (which lies within the range of x disclosed by Xin), z=0.41 (which lies within the range of z disclosed by Xin), and y=0.44 (y=1-x-z as disclosed by Xin), the lithium metal oxide powder used in step (d) of Xin may be Li1.01(Ni0.63Mn0.22Co0.15)0.99O2, which is the same material used in the instant disclosure.
In step 2 of the process disclosed by Example 1 of the instant disclosure, the mixture obtained from Step 1 is fired in a furnace under the flow of an oxidizing atmosphere at 750ºC for 10 hours (Page 16, Lines 27-28).
Xin teaches in the general method of making the lithium metal oxide, the mixture obtained from step 1 is sintered at a first sintering temperature for a first period of time (Paragraphs 0025, 0052), where the first sintering temperature between 500ºC to 800ºC and the first sintering time is between 3 to 15 hours (Paragraph 0052). Xin teaches the sintering temperature is important to obtain the doping of the lithium metal oxide core by the element A (aluminum) (Paragraph 0052). Further Xin teaches an embodiment in example 2 of the disclosure, comprising a step (d) in which the mixture from step 1 is sintered in a box furnace in an oxidizing atmosphere for 10 hours. This embodiment supports the 10 hours as a suitable time for sintering.
The range of sintering temperature and the range of sintering time of the mixture obtained from step 1 taught by Xin overlaps the sintering conditions set forth in Example 1 of the instant disclosure. It would have been obvious to one of ordinary skill in the art to select from the overlapping portion of the range taught by Xin, in order to obtain sufficient doping of the lithium metal oxide core by aluminum, as recognized by Xin.
Thus, Xin teaches a step which corresponds to step (2) of the instant disclosure, the mixture obtained from Step 1 is fired in a furnace under the flow of an oxidizing atmosphere at 750ºC for 10 hours
In step 3 of the process disclosed by Example 1 of the instant disclosure, 1 kg of the powder obtained from step 2 is mixed with 2 grams of alumina nano-powder and 3 grams of polyvinylidene fluoride powder for 30 minutes at 1000 rpm (Page 16, Lines 29-30).
Xin teaches an embodiment in example 1 of the disclosure, comprising a step (e) in which 1 kg of the powder obtained from step (d) (step 2) is mixed with 2 g of alumina nanopowder and 3 g of polyvinylidene fluoride, usually for 30 minutes at 1000 rpm (Paragraph 0078).
Thus, Xin teaches a step (e) which corresponds to step (3) of the instant disclosure, where 1 kg of the powder from step (2) is mixed with 2 grams of alumina nano-powder and 3 g of polyvinylidene fluoride for 30 minutes at 1000 rpm.
In step 4 of the process disclosed by Example 1 of the instant disclosure, the mixture obtained from step 3 is fired in a furnace under the flow of an oxidizing atmosphere at 375ºC for 5 hours (Page 16, Lines 25-26).
Xin teaches an embodiment in example 1 of the disclosure, comprising a step (e) in which the mixture obtained from step 3 is fired (sintered) in a box furnace in an oxidizing atmosphere. Xin teaches the sintering temperature for this step is 375ºC and the dwell time is 5 hours (Paragraph 0078).
Thus, Xin teaches a step which corresponds to step (4) of the instant disclosure, where the mixture obtained from step 3 is fired in a furnace under the flow of an oxidizing atmosphere at 375ºC for 5 hours.
As detailed above, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions. Therefore, a single-crystalline positive electrode active oxide material whose atomic ratios of aluminum and fluorine meet the instant claimed limitations would result from the method taught by Xin, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material possessing the properties of the instant claim.
Regarding claim 17, Xin teaches the positive electrode active material according to claim 16,
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
the atomic ratio of Al to a total amount of Ni, Mn, and/or Co is 1.2 to 4.5, as determined by XPS analysis
the atomic ratio of F to a total amount of Ni, Mn, and/or Co is 0.6 to 3.0, as determined by XPS analysis.
Regarding claim 18, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
wherein said positive electrode active material has an atomic ratio of Al to a total amount of Ni, Mn, and/or Co is 1.7 to 3.5, as determined by XPS analysis.
Regarding claim 19, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
an atomic ratio of F to a total amount of Ni, Mn, and/or Co is 1.5 to 2.5, as determined by XPS analysis.
Regarding claim 20, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
said particles have an atomic content of nickel, relative to the total atomic content of Ni, Mn, Co in said particles, of 50 to 95 %, as determined by ICP.
Regarding claim 21, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
said particles have an atomic content of Al, relative to the total atomic content of Ni, Mn, Co in said particles, of 0.05 to 3.00 %, as determined by ICP.
Regarding claim 22, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
said particles have an atomic content of Co, relative to the total atomic content of Ni, Mn, Co in said particles, of 5.00 to 25.00 %, as determined by ICP.
Regarding claim 23, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
said particles have an atomic content of Mn, relative to the total atomic content of Ni, Mn, Co in said particles, of 0.00 to 70.00 %, as determined by ICP.
Regarding claim 24, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
said particle has a median particle size d50 of 2 pm to 9 pm, as determined by laser diffraction.
Regarding claim 25, Xin teaches the positive electrode active material according to claim 16.
As described above in the rejection of claim 16, the method of producing the positive electrode active oxide material disclosed by Xin aligns with the method steps to produce a positive electrode active oxide material described in the instant disclosure, particularly relating to the precursor materials and their quantities in each step as well as the process conditions.
Therefore, it is reasonable to presume that the positive electrode active oxide material produced by the method taught by Xin meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process described above (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) to obtain a positive electrode active oxide material wherein:
a leaked capacity Qtotal of at most 35 mAh/g, whereby said leaked capacity Qtotal is determined by a coin cell testing procedure at 80°C using a 1C current definition of 160 mA/g in the 4.4-3.0 V/Li metal window range.
Regarding claim 28, Xin teaches an electrochemical cell comprising a positive electrode active material according to claim 16 (Paragraph 0029).
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Xin as applied to claims 16-25, 28 above, and further in view of Monma (Japanese Patent Publication No. 2018088400 A).
Regarding claim 26, Xin teaches the positive electrode for lithium-ion secondary batteries comprising positive electrode active material wherein said positive electrode active material is according to claim 16 (Paragraphs 0002, 0011).
Xin is silent as to the positive electrode comprising a polymer solid electrolyte.
However, Monma teaches a positive electrode active material including lithium, aluminum, a transition metal, magnesium, oxygen, and fluorine, and the surface layer portion of the positive electrode active material whose content is measured by X-ray photoelectron spectroscopy (Paragraph 19). Monma teaches an embodiment of a secondary battery including a positive electrode, negative electrode, and an electrolyte (Paragraph 20), where the positive electrode is impregnated with electrolyte (Paragraph 162). Thus, the positive electrode of Monma is considered to comprise (be impregnated with) an electrolyte in accordance with the instant claim.
Monma teaches that instead of an electrolytic solution, a solid electrolyte having a polymer material can be used, which results in a battery in which the separator is not required and there is no leakage risk, improve safety (Paragraph 151).
Therefore, Monma teaches it is known in the art to include an electrolyte in the positive electrode and further advantageous to have the electrolyte be a polymer solid electrolyte. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode of Xin to incorporate the teachings of Monma in which a polymer solid electrolyte is included in the positive electrode in addition to the positive electrode active oxide material disclosed above. Doing so would advantageously eliminate the need for a separator in the battery and improve safety by mitigating the risk of leaking.
Regarding claim 27, Xin teaches the positive electrode active material according to claim 16.
As described in the above rejection of claim 16, Xin in view of Monma teaches the positive electrode active material according to claim 16 used in a battery comprising a solid polymer electrolyte in order to improve safety and reduce leaks. Thus, modified Xin teaches a polymer battery comprising the positive electrode active material according to claim 16, meeting the instant claimed limitations.
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789