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 .
Claim Status
Applicant’s arguments and claim amendments filed June 8th, 2026 have been received and entered into the file. Currently claims 16-26 are amended, claims 1-15 are cancelled, and claim 29 is withdrawn, resulting in claims 16-28 pending for examination.
Response to Amendment
The amendments filed June 8th, 2026 have been received.
Applicant’s indicates in the remarks that claim 26 has been amended as recommended by the Examiner according to the objection set forth in the Non-Final Rejection mailed March 9th, 2026 however it does not appear that such an amendment was made in the claims filed June 8th, 2026.
Applicant’s amendment to claim 16 has overcome the 35 U.S.C. 112(b) rejection of claim 16 with respect to antecedent basis for “positive electrode active material” and the clarity with respect to the atomic ratio of Al to a total amount of Ni, Mn, and/or Co and the atomic ratio of F to a total amount of Ni, Mn, and/or Co set forth in the Non-Final Rejection mailed March 9th, 2026.
Applicant’s amendment to the preamble of claims 17-25 has overcome the 35 U.S.C. 112(b) rejection of claims 17-25 set forth in the Non-Final Rejection mailed March 9th, 2026.
Applicant’s amendment to claims 17-19 has overcome the 35 U.S.C. 112(b) rejection with respect to the atomic ratio of Al to a total amount of Ni, Mn, and/or Co and the atomic ratio of F to a total amount of Ni, Mn, and/or Co set forth in the Non-Final Rejection mailed March 9th, 2026.
Applicant amendment to claims 20-23 has overcome the 35 U.S.C. 112(b) rejection with respect to the antecedent basis for the total atomic content and the clarity of the elements which make up the total atomic content set forth in the Non-Final Rejection mailed March 9th, 2026
Applicant amendment to claims 20-24 has overcome the 35 U.S.C. 112(b) rejection with respect to the antecedent basis for said particles set forth in the Non-Final Rejection mailed March 9th, 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: “The single-crystalline positive electrode for lithium-ion secondary batteries comprising a positive electrode active material…” Appropriate correction is required.
Claim 24 is objected to because of the following informalities: the claim recites said particle” The Examiner requests the instant claim be amended to include: “said particles” 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 18-19, 26-28 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 18-19, there is insufficient antecedent basis for “said positive electrode active material.” For the purposes of examination, said positive electrode active material is interpreted by the Examiner to refer to the single-crystalline positive electrode active oxide material of the preamble and the independent claim 1. Appropriate correction is required.
Regarding claim 26, the preamble of the instant claim appears to be reciting a single-crystalline positive electrode for lithium-ion secondary batteries, in that the preamble begins with “the single-crystalline positive electrode for lithium-ion secondary batteries.” However, independent claim 16 recites a single-crystalline positive electrode active oxide material for rechargeable batteries, in that the preamble beings with “a single-crystalline positive electrode active oxide material for rechargeable batteries.” It is unclear, for the instant dependent claim 26, if applicant is attempting to claim the single-crystalline positive electrode active oxide material of claim 16 as the single-crystalline positive electrode of claim 26. Applicant is advised to clarify the preamble of claim 26 so that it more clearly claims and further modifies the subject matter of the invention set forth in the independent claim. For purposes of examination, claim 26 will be read as it referring to the single-crystalline positive electrode active oxide material of claim 16. Appropriate correction is required.
Further regarding claim 26, the instant claim recites “wherein said positive electrode active material is according to claim 16.” However, the independent claim 16 describes a single-crystalline positive electrode active oxide material. Therefore, it is unclear to the Examiner if the instant positive electrode active material comprises a positive electrode active material that is in addition to the single-crystalline positive electrode active oxide material of claim 16, or the recitation of a positive electrode active material according to claim 16 is intended to refer to the single-crystalline positive electrode active oxide material of claim 16. For the purposes of examination, the latter is understood. Appropriate correction is required.
Regarding claim 27, the instant claim recites “a polymer battery comprising a positive electrode active material according to claim 16.” However, the independent claim 16 describes a single-crystalline positive electrode active oxide material. Therefore, it is unclear to the Examiner if the polymer battery comprises a positive electrode active material that is in addition to the single-crystalline positive electrode active oxide material of claim 16, or the recitation of a positive electrode active material according to claim 16 is intended to refer to the single-crystalline positive electrode active oxide material of claim 16. For the purposes of examination, the latter is understood. Appropriate correction is required.
Regarding claim 28, the instant claim recites “an electrochemical cell comprising a positive electrode active material according to claim 16.” However, the independent claim 16 describes a single-crystalline positive electrode active oxide material. Therefore, it is unclear to the Examiner if the polymer battery comprises a positive electrode active material that is in addition to the single-crystalline positive electrode active oxide material of claim 16, or the recitation of a positive electrode active material according to claim 16 is intended to refer to the single-crystalline positive electrode active oxide material of claim 16. For the purposes of examination, the latter is understood. 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) in view of Li (Non-Patent Literature, “Comparison of Single Crystal and Polycrystalline LiNi0.5Mn0.3Co0.2O2 Positive Electrode Materials for High Voltage Li-Ion Cells”) and Wang (Non-Patent Literature, “Optimized Preparation of LiNi0.6Mn0.2Co0.2O2 with Single Crystal Morphology Cathode Material for Lithium-Ion Batteries”) as evidenced by Zeng (Non-Patent Literature, “Electrochemical Stabilities of Surface Aluminum-Doped LiNi0.5Co0.2Mn0.3O2 Single Crystals Under Different Cutoff Voltages”) and Zhao (Non-Patent Literature, “Facile Synthesis of Fluorine Doped Single Crystal Ni-Rick Cathode Material for Lithium-Ion Batteries”).
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 positive electrode active oxide material of Xin:
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 the 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 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.
As described above, Xin describes the method of the coating process of a core lithium-nickel-manganese-cobalt oxide powder material, but is silent as to the crystallinity of the positive electrode active oxide material.
However, Wang discloses that polycrystalline lithium-nickel-manganese-cobalt oxide positive electrode materials affects the electrochemical performance of the cathode and leads to low volume energy density of the battery. Wang teaches that lithium-nickel-manganese-cobalt oxide positive electrode material with a single crystal morphology have excellent electrochemical properties that mitigate the aforementioned properties of polycrystalline materials. Wang teaches the advantages of single crystal morphology of such materials including a short path for lithium ions, enhanced electrolyte and conductive agent contact, and an orderly lattice arrangement. Further, Wang teaches that the crystal morphology of lithium-nickel-manganese-cobalt oxide positive electrode active materials may be tuned by controlling the calcination, ball milling and reheating processes (Pages 2689-2690). In the process of manufacturing the single crystal particles of Wang, ball milling and reheating processes are combined to produce the smooth primary single crystal particles with perfect cycling performance and rate capability (Page 2697).
Additionally, Li further supports controlling the synthesis method of lithium, nickel, manganese, and cobalt-containing oxide materials for positive electrodes in order to obtain a single crystal structure. Li discloses that single-crystal materials are obtained by tuning the sintering temperature and the lithium to transition metal ratio (Page A1539).
Further, Zeng provides evidence that single crystal lithium metal oxides implemented as the core of positive electrode materials coated with aluminum are known in the art, like those disclosed by Xin and the instant disclosure. Zeng discloses LiNi0.5Co0.2Mn0.3O2 single crystals with an aluminum surface coating used as a positive electrode active material (Abstract, Figure 1). Zeng teaches the advantage of the single crystal structure to secure high tap density of cathode materials while the surface aluminum doping secures side reactions (Page 99).
Further, Zhao provides evidence that single crystal lithium metal oxides which also comprise fluorine are known in the art, like those disclosed by Xin and the instant disclosure. Zhao discloses nickel-rich single crystals doped with fluorine (Abstract). Zhao teaches that the preparation of such particles with single crystal morphology can effectively promote the rapid de-intercalation of lithium ions in the material and suppress gas emission, thereby improving electrochemical properties of cathode materials (Page 1).
Therefore, 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 active oxide material of Xin to incorporate the teachings of Li and Wang in which the material has a single crystal morphology. Such single-crystalline positive electrode active oxide materials are known in the art as evidenced by Zeng and Zhao and are capable of being obtained by tuning process steps such as calcination, ball milling and reheating as well as process parameters including sintering temperature and lithium to transition metal ratio, as taught by Li and Wang. This modification to ensure single-crystal morphology of the positive electrode active oxide material of Xin would advantageously ensure improved electrochemical properties and performance of the electrode and the battery, as recognized by Li, Wang, Zeng, and Zhao.
Regarding claim 17, Xin teaches the single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
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 the 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 the 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 single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
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 the 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 single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
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 the 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 single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
Xin teaches the single-crystalline positive electrode active oxide material comprising particles (Paragraph 0044).
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 comprising particles wherein:
said particles have an atomic content of nickel, relative to a total atomic content of Ni, Mn, Co in said particles, of 50 to 95 %, as determined by ICP.
Regarding claim 21, Xin teaches the single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
Xin teaches the single-crystalline positive electrode active oxide material comprising particles (Paragraph 0044).
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 a total atomic content of Ni, Mn, and/or Co in said particles, of 0.05 to 3.00 %, as determined by ICP.
Regarding claim 22, Xin teaches the single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
Xin teaches the single-crystalline positive electrode active oxide material comprising particles (Paragraph 0044).
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 a total atomic content of Ni, Mn, and/or Co in said particles, of 5.00 to 25.00 %, as determined by ICP.
Regarding claim 23, Xin teaches the single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
Xin teaches the single-crystalline positive electrode active oxide material comprising particles (Paragraph 0044).
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 a total atomic content of Ni, Mn, and/or Co in said particles, of 0.00 to 70.00 %, as determined by ICP.
Regarding claim 24, Xin teaches the single-crystalline positive electrode active oxide material according to claim 16.
Xin teaches the single-crystalline positive electrode active oxide material comprising particles (Paragraph 0044).
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure. Further, Li and Wang disclose tuning process steps such as calcination, ball milling and reheating as well as process parameters including sintering temperature and lithium to transition metal ratio in order to control the resulting crystal morphology of the particles and therefore also particle size. For example, Li teaches that grain size of the particles which vary with the lithium to transition metal ratio (Li/TM), with large grains between 2-6 µm at Li/TM=1.2 which increases to 4-8 µm at Li/TM=1.25. Thus, Li exemplifies how it is possible to adjust process conditions including Li/TM ratio in order to obtain particle sizes that lie within the instant claimed range.
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 in view of Li and Wang meets the instant claimed limitations, or it would have been obvious to the ordinary artisan to tune the conditions of the process of Xin (amount of Ni, Mn, and Co in the precursor lithium metal oxide, sintering time/temperature) and modified Xin (calcination, ball milling, reheating, sintering temperature, and lithium to transition metal ratio) described above to obtain a positive electrode active oxide material wherein:
said particle has a median particle size d50 of 2 µm to 9 µm, as determined by laser diffraction.
Regarding claim 25, Xin teaches the single-crystalline positive electrode active oxide material according to claim 16.
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure.
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 in view of Li and Wang, as evidenced by Zeng and Zhao, 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).
As described above in the rejection of claim 16, the modification of Xin by Li and Wang, as evidenced by Zeng and Zhao, taught that the positive electrode active oxide material has a single crystal structure
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.
Response to Arguments
In the remarks filed June 8th, 2026, applicant argues that Xin’s disclosure is directed to the compositional and structural features of the surface layer, and the Examiner’s rejection set forth in the Non-Final Rejection mailed March 9th, 2026 focuses on the method steps of the surface treatment process of Xin to make conclusions about the properties of the final product. Applicant argues that the steps (d) and (e) cited by the Examiner correspond only to the Al2O3/PVDF surface treatment that creates the aluminum and fluorine-containing surface layer. Applicant provides that these steps do not create or determine the crystalline morphology of the underlying core particles, which is further exemplified by Comparative Example 3 of the instant disclosure. Further, applicant argues that a similar compositional formula between Xin and the instant application does not guarantee a similar morphology, as the powders may be single-crystalline or polycrystalline depending on how they are synthesized. Thus, applicant argues that the method steps of Xin cited by the Examiner in the Non-Final Rejection mailed March 9th, 2026 are not suitable in establishing that the single-crystal morphology of the positive electrode active oxide material is inherent to Xin.
These arguments have been fully considered and are found persuasive.
As such, applicant’s arguments necessitated an updated rejection of the pending claims presented above as being unpatentable over Xin in view of Li and Wang, as evidenced by Zeng and Zhao.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA A JONES whose telephone number is (571)272-1718. The examiner can normally be reached Mon-Fri 7:30 AM - 4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at (571) 270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER A BOYD/Supervisory Patent Examiner, Art Unit 1786
/O.A.J./Examiner, Art Unit 1789
Prosecution Insights