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 .
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 5 is rejected under 35 U.S.C. 103 as obvious over Eguchi (JP2017/103057) (for applicant’s convenience, Machine translation has been used for citations hereof) in view of Akimoto et al. (JP2007/294119) (for applicant’s convenience, Machine translation has been used for citations hereof), Machikawa et al (WO2019/243952) (for applicant’s convenience English equivalent US2021/0265621 has been used for citations) and Akimoto’507 (US2018/0138507).
Eguchi teaches a method of producing a positive electrode active material containing lithium and transition metal (claims 1 and 5-6) comprising mixing an aqueous transition metal salt solution and a pH adjusting solution--preferably aqueous solution containing a strong alkali (e.g. at least one selected from the group consisting of sodium
hydroxide, potassium hydroxide and lithium hydroxide) (para. [0024]-[0031]), thus precipitating a transition metal hydroxide from the mixed solution (para. [0032], example 1-7, table 1, claim 1 and 5-6). Eguchi also teaches mixing a lithium compound (claims 1 and 5-6, para. [0036], [0037]) with the obtained transition metal hydroxide compound wherein preparing the lithium compound (e.g. a lithium compound selected from the group consisting of lithium carbonate, lithium hydroxide, and lithium nitrate) apparently is envisioned (examples 1-7, para. [0037], [0038]), firing or calcining (i.e. heating) the mixture of lithium and the transition metal hydroxide in air (an oxygen-containing atmosphere) to form a composite oxide comprising lithium and the transition metal Ni (nickel), Co (cobalt) and Mn (manganese) and another metal M being one or more selected from the group consisting of Na, Mg, Ti, Zr, Al, W and Mo (claims 5-6, para. [0039]-[0042], examples 1-7, table 2).
As for the claimed “a second step of preparing a lithium compound and an aluminum source” in claim 5, Eguchi also teaches hydroxide and the lithium compound are mixed, a compound containing another metal element not contained in the hydroxide may be mixed. As the other metal element, the same metal element as the metal element M in Formula 1 (being one or more selected from the group consisting of Na, Mg, Ti, Zr, Al, W and Mo) (para [0038]). It would have been obvious for one of ordinary skill in the art “obvious to try” Al as the other metal element for help obtaining a desired lithium and Al containing composite oxide. Therefore, when Al being used as M, it would have been obvious for one of ordinary skill in the art to add Al not to the transition metal aqueous solution but together with the lithium compound for help forming a desired lithium, transition metal and Al containing composite oxide positive active material as suggested by Eguchi. Furthermore, selection of any order of adding ingredients or prior art process steps is prima facie obvious (See MPEP §2144.04 IV).
Regarding claim 5, Eguchi does not expressly teach a material with a purity higher than or equal to 99.99% being prepared as the lithium compound, or the oxygen-containing atmosphere with a dew point lower than or equal to -50 °C, or a fifth step preparing a magnesium source and a fluorine source, or a magnesium source with purity higher than or equal to 99%, or a fluorine source with purity higher than or equal to 99%.
Akimoto et al. teaches method of forming a lithium and transition metal (including Co, Ni and Mn) composite oxide using high purity material, specifically lithium carbonate powder with a purity of 99.99% or more preparing lithium compound (claim 1-3, para. [0038], [0045]).
It would have been obvious for one of ordinary skill in the art to adopt such well-known lithium carbonate compound with purity of 99.99% or more as shown by Akimoto et al. to practice the lithium compound of Eguchi because applying a known technique of using high purity of lithium carbonate to a known method of forming desired lithium transition metal composite oxide positive active material for improvement would have predictable results (see MPEP §2143 KSR).
Machikawa et al teaches a mixture of lithium source and transition metal source are baked or heated in an atmosphere having a low water content (for example, having a dew point of-50°C or lower), such as dry air (Fig. 4, para. [0178], [0200]).
It would have been obvious for one of ordinary skill in the art to adopt such well-known heating atmosphere having a dew point of -50°C or lower (e.g. dry air) as shown by Machikawa et al to modify the heating atmosphere in the lithium transition metal composite oxide producing method of Eguchi because applying a known technique of using a heating atmosphere with dew point of -50°C or lower (e.g. dry air) to a known method of forming desired lithium transition metal composite oxide positive active material for improvement would have predictable results (see MPEP §2143 KSR).
As for the claimed “a fifth step of preparing a magnesium source and a fluorine source.. a seventh step of … the magnesium, and the fluorine”, Machikawa et al. further teaches preparing a magnesium source and a fluorine source, besides mixing lithium compound and transition metal source which is then baked (heated) forming a composite oxide containing lithium, transition metal and oxygen, then heating the mixture of magnesium, fluorine and the composite oxide containing lithium, transition metal and oxygen forming a lithium composite containing lithium, transition metal, magnesium and fluorine (Fig. 6, para. [0203]-[0225], [0273]-[0275]).
It would have been obvious for one of ordinary skill in the art to adopt such well-known procedures of preparing a magnesium source and a fluorine source, besides mixing lithium compound and transition metal source which is then baked (heated) forming a composite oxide containing lithium, transition metal and oxygen, then heating the mixture of magnesium, fluorine and the composite oxide containing lithium, transition metal and oxygen forming a lithium composite oxide containing lithium, transition metal, magnesium and fluorine as shown by Machikawa et al. to modify the lithium composite oxide producing process of Eguchi because by doing so can help forming a lithium, transition metal, magnesium and fluorine containing composite oxide with inhibited crystal structure change and improved corrosion resistance as suggested by Machikawa et al (para. [0273]-[0275]). It is noted that Eguchi already teaches the method preparing composite oxide comprising lithium, transition metal and oxygen can include preparing lithium and aluminum, then mixing the lithium, aluminum with the lithium and transition metal containing hydroxide as described above.
As for the claimed “a first step of forming…, a second step of preparing…… a seventh step of heating”, as for the recited adding ingredients or performing process steps order, it is also noted that selection of any order of adding ingredients or prior art process steps is prima facie obvious (See MPEP §2144.04 IV).
Akimoto et al. further discloses lithium raw material can be lithium hydroxide, lithium nitrate, lithium carbonate, lithium sulfate, lithium peroxide and lithium halides (para. [0023]) and Akimoto et al. already teaches using lithium compound having purity of 99.99% or higher (e.g. lithium carbonate) (para. [0038], [0045]).
Akimoto’507 also teaches lithium source material (e.g. lithium carbonate) having purity of 99.99% or higher and magnesium source (magnesium chloride) having purity of 99.9% (para. [0171], [0180], [0182], [0188]).
It would have been obvious for one of ordinary skill in the art to adopt such well-known magnesium compound with purity of 99.9% or more as shown by Akimoto’507 to respectively practice the magnesium compound of Eguchi because applying a known technique of using high purity of magnesium compound to a known method of forming desired lithium transition metal and magnesium containing composite oxide positive active material for improvement would have predictable results (see MPEP §2143 KSR).
Machikawa et al. further teaches fluorine compound can be lithium fluoride (a lithium halide) (which is same source material as the lithium source (para. [0172]) and magnesium fluoride (another magnesium halide) (para. [0205]).
Since it is already well known in the art that lithium source can be lithium halide (including lithium fluoride) and lithium source material can have a high purity of 99.99% or higher as shown by Akimoto et al. and Akimoto’507, therefore, it would have been obvious for one of ordinary skill in the art to adopt a fluorine compound (e.g. lithium fluoride) with a well-known source material purity of 99.99% or higher for help obtaining a desired lithium, transition metal, Al, Mg and fluorine containing composite oxide to help obtaining a desired final product with minimized impurity level results from source materials (see MPEP §2143 KSR).
Claim 6 is rejected under 35 U.S.C. 103 as obvious over Eguchi (JP2017/103057) (for applicant’s convenience, Machine translation has been used for citations hereof) in view of Akimoto et al. (JP2007/294119) (for applicant’s convenience, Machine translation has been used for citations hereof), Machikawa et al (WO2019/243952) (for applicant’s convenience English equivalent US2021/0265621 has been used for citations) and Akimoto’507 (US2018/0138507) as applied above, and further in view of Kojika (JP2020/123494) (for applicant’s convenience, Machine translation has been used for citations hereof).
Eguchi in view of Akimoto, Machikawa and Akimoto’507 does not expressly teach the heating in the fourth step being performed in the oxygen-containing atmosphere where concentration of CH4, CO, CO2 and H2 are each less than or equal to 5 ppb.
Kojika teaches firing a composite oxide comprising lithium, transition metal (nickel, manganese and cobalt, aluminum) at an oxygen atmosphere which has an oxygen concentration of 3 to 100% by volume (page 8 last para.-page 9 first and third para.). It is noted that when oxygen concentration being 100% by volume, the impurities thereof apparently is 0%, i.e. oxygen-containing atmosphere where concentration of CH4, CO, CO2 and H2 are each less than or equal to 5 ppb.
It would have been obvious for one of ordinary skill in the art to adopt an oxygen volume being 100% in the oxygen atmosphere to fire the lithium composite metal oxide as shown by Kojika to modify the oxygen heating atmosphere of Eguchi in view of Akimoto, Machikawa and Akimoto’507 because applying a known technique of using 100% of oxygen to fire a known lithium composite metal oxide for improvement would yield predictable results (see MPEP §2143 KSR).
Response to Arguments
Applicant's arguments filed on 03/04/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments about Eguchi “does not expressly teach forming a hydroxide comprising nickel, cobalt, and manganese, followed by mixing the hydroxide with an aluminum source. As such, Eguchi does not teach the specific steps of the claimed process”, Eguchi teaches forming a hydroxide comprising mixing an aqueous transition metal salt solution (nickel, cobalt and manganese) and a pH adjusting solution--preferably aqueous solution containing a strong alkali (e.g. at least one selected from the group consisting of sodium hydroxide, potassium hydroxide and lithium hydroxide) (para. [0024]-[0031]), thus precipitating a transition metal hydroxide from the mixed solution (para. [0032], example 1-7, table 1, claim 1 and 5-6). Eguchi also teaches mixing a lithium compound (claims 1 and 5-6, para. [0036], [0037]) with the obtained transition metal hydroxide compound wherein preparing the lithium compound. Eguchi also teaches when the hydroxide and the lithium compound are mixed, a compound containing another metal element not contained in the hydroxide may be mixed. As the other metal element, the same metal element as the metal element M in Formula 1 (being one or more selected from the group consisting of Na, Mg, Ti, Zr, Al, W and Mo) (para [0038]).It would have been obvious for one of ordinary skill in the art “obvious to try” Al as the other metal element for help obtaining a desired lithium and Al containing composite oxide because choosing Al from a finite number of identified, predictable solutions of such other metals for help providing a desired lithium composite metal oxide would have with a reasonable expectation of success (see MPEP §2143 KSR). Therefore, when Al being used as M, it would have been obvious for one of ordinary skill in the art to add Al not to the transition metal aqueous solution but together with the lithium compound for help forming a desired lithium, transition metal and Al containing composite oxide positive active material as suggested by Eguchi. Furthermore, in response to applicant’s arguments of adding X source or M sources being in different process steps as compared to Eguchi, the examiner established that adding such ingredients according to the instant claimed “order” or process step is just prima facie case of obvious based on MPEP 2144. 04 IV. It is noted that applied Eguchi reference teaches same process steps of mixing, forming transition metal containing hydroxide, then adding lithium and another metal (Al), firing/heating as that of instantly claimed process steps, the only difference is during such step(s) which components of X or M sources being added. In response to applicant’s arguments about Eguchi described single mixture with the M source and X sources which would result in a different product as that of instantly claimed, such arguments appear to be pure assertion without any evidence, therefore they are not found convincing.
Conclusion
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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/JUN LI/ Primary Examiner, Art Unit 1732
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