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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/22/2026 has been entered.
This action is responsive to Applicant’s request for continued examination filed 06/24/2026 and amendment/remarks filed 05/22/2026.
Claims 1, 3, and 4 are currently pending, of which claims 3 and 4 are withdrawn.
Response to Amendment
The rejection under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2007/0292761 A1) in view of Liu (CN 104009209 A) or Choi et al. (KR 2015-0112338 A) are withdrawn in view of the above amendment.
The rejection under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2014/0131617 A1) in view of Liu (CN 104009209 A) or Choi et al. (KR 2015-0112338 A) is withdrawn in view of the above amendment.
The rejection under 35 U.S.C. 103 as being unpatentable over Sun (US 2016/0006025) in view of Liu (CN 104009209 A) or Choi et al. (KR 2015-0112338 A) is withdrawn in view of the above amendment.
The prior grounds of rejections relied on the Liu (CN 104009209 A) and Choi et al. (KR 2015-0112338 A) references teaching cobalt oxide(s), i.e., binary compounds of cobalt and oxygen, that read on the recited Chemical Formula 2. However, the claim has been amended to effectively exclude cobalt oxides from the scope of Chemical Formula 2. The claim as amended requires Chemical Formula 2 be Lia’M’bM’’cOd where M is (consists of/only) Al, M’’ is (consists of/only) Co, 0 < a’ ≤ 3, 0 ≤ b ≤ 2, 0 < c ≤ 10, and 0 < d ≤ 10. Specifically, the lower limit of the a’ range was amended from zero inclusive to zero exclusive. Thus, the Chemical Formula 2 as amended is limited to lithium cobalt oxides and lithium aluminum cobalt oxides.
The current rejection utilizes a new secondary reference, Son et al. (US 2017/0358797 A1), combined the primary references of record under a new ground(s) of rejection which renders obvious the instant claim as amended. See the new 103 rejections, below.
Claim Rejections - 35 USC § 103
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2007/0292761 A1) in view of Son et al. (US 2017/0358797 A1).
Park et al. teach a lithium metal complex oxide comprising Ni3+ and Ni2+ wherein a ratio of a content of Ni3+ to a content of Ni2+ is 1.5 or greater on a surface of the lithium metal complex oxide and comprising an oxide overlapping, if not within, the scope of Chemical Formula 1 (lithium mixed transition metal oxides having the composition of LixMyO2 where M=Ni1-a-b(Ni1/2Mn1/2)aCob, abstract, para. 0014 and 0032-0037, where the mole fractions of Ni2+ and Ni3+ ions are such that the oxide contains an excess of nickel and the mole fraction of Ni2+ ions relative to the total content of Ni is 0.05 to 0.4, para. 0054-0055 and claim 4, meaning that of the total amount of nickel, 0.05 to 0.4 is Ni2+ and the remainder is 0.6 to 0.95 Ni3+, i.e., the ratio of Ni3+/Ni2+ throughout this lithium metal complex and on the surface of oxide thereof is 1.5 or greater; note, 0.6 moles Ni3+ to 0.4 moles Ni2+ equals a ratio of Ni3+/Ni2+ of 1.5 and 0.95 moles Ni3+ to 0.05 moles Ni2+ equals a ratio of Ni3+/Ni2+ of 19). The disclosed lithium mixed transition metal oxide of Park et al. overlaps and encompasses the claimed Chemical Formula 1. Specifically, the above composition of Park corresponds to the formulae LixNi1-a-b(Ni1/2Mn1/2)aCobAkO2 where x is 0.95 to 1.05, a+b is 0.65 to 0.85, b is 0.1 to 0.4, k is an optional dopant (para. 0032-0037), which corresponds to the claimed formula where M1 is Co, M2 is Mn, a is -0.05 to 0.05, x is 0.1 to 0.4 and y is 0.125 to 0.375. The molar amounts of Li and Co in the disclosed formula anticipate the claimed a and x, and the molar amount of Mn in the disclosed formula overlaps the claimed y. Park further teaches the lithium transition metal oxide is useful as a cathode active material (abstract).
Park et al. fail to teach the lithium metal complex oxide or a cathode material thereof further comprises a compound of the recited Chemical Formula 2 with a crystal structure different from the lithium complex oxide of Chemical Formula 1 that is disposed on the surface of the lithium complex oxide of Chemical Formula 1
However, Son et al. teach a composite cathode active material including a first metal oxide having a first layered crystal structure and a second metal oxide having a second layered crystal structure including a layered double oxide (LDO) (abstract). The composite cathode active material includes a core, wherein the core includes the first metal oxide, and a coating layer on the surface of the core, wherein the coating layer includes the layered double oxide (para. 0012 and 0041). By coating the core including the first metal oxide with the LDO, structural stability of the composite cathode active material is improved by, for example, suppressing a side reaction of the core with an electrolyte solution because direct contact between the core and the electrolyte is blocked, preventing decomposition of the electrolyte solution on a surface of the core, preventing elution and re-electrodeposition of lithium ions included in the core, and improving lifespan characteristics of a lithium battery including the composite cathode active material (para. 0041). The first metal oxide (constituting the core) includes layered lithium transition metal oxide (e.g., LixNi1-y-z-MnyCozO2) (para. 0065-0069+). The second metal oxide or LDO (constituting the coating layer on the surface of the core) is of the formula LiaM2bM3cO4 where M2 may include Co and M3 may include Al (para. 0048-0051). An exemplary second metal oxide LDO is LiCo2AlO4 (para. 0055). LiCo2AlO4 meets the claimed Chemical Formula 2 where M' is Al, M" is Co, a' is 1, b is 1, c is 2 and d is 4. The broader formulae cited in para. 0050 also meets the claimed Chemical Formula 2 for substantially the same reasons (M2 being Co, M3 being Al, etc. but with the values of the disclosed a, b, and c overlapping the claimed a’, c, and b).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide a LDO metal oxide, i.e., LiCo2AlO4, as coating layer as taught by Son et al. on the surface of the layered crystal-structured lithium nickel-based metal complex oxide of Park et al. and arrive within the claimed limitations of a lithium complex oxide including an oxide represented by Chemical Formula 1 and relative Ni3+/Ni2+ content and a lithium compound of the recited Chemical Formula 2 in order to improve the structural stability and lifespan characteristics of a positive electrode/cathode active material thereof. Park et al.’s lithium multicomponent transition metal oxide (an ABO2-based layered oxide) and Son et al.’s LDO metal oxide (an O4-based oxide) clearly have different crystal structures from each other.
Any remaining claim limitations are optional due to being recited in the alternative.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2014/0131617 A1) in view of Son et al. (US 2017/0358797 A1).
Park et al. teach a lithium metal complex oxide comprising Ni3+ and Ni2+ wherein a ratio of a content of Ni3+ to a content of Ni2+ is 1.5 or greater on a surface of the lithium metal complex oxide reading on the oxide represented by Chemical Formula 1 (“Li0.85Ni0.353+Ni0.152+Mn0.34+Al-0.23+O2”, among several other anticipatory-type compounds of the instantly claimed the oxide represented by Chemical Formula 1, para. 0064; the Ni3+/Ni2+ ratio of this compound is 2.33; the lithium transition metal oxides are disclosed as “single-phase”, e.g., abstract, indicating the compounds have a uniform, constant composition, meaning the Ni3+/Ni2+ ratio of the exemplary compound above is 2.33 on the surface thereof). Park et al. further teach the lithium metal complex oxide comprises an oxide represented by a general formula corresponding to the instantly claimed Li1+aNi1-x-yM1xM2yO2 Chemical Formula 1 where M1 is Mn, M2 is Al, a is -0.15, x is 0.3 and y is 0.2 (see the compound discussed above). Park et al. further teach the lithium transition metal oxide has a layered crystal structure (abstract) and is useful as a cathode active material (para. 0067).
Park et al. fail to teach the lithium metal complex oxide or a cathode material thereof further comprises a compound of the recited Chemical Formula 2 with a crystal structure different from the lithium complex oxide of Chemical Formula 1 that is disposed on the surface of the lithium complex oxide of Chemical Formula 1.
However, Son et al. teach a composite cathode active material including a first metal oxide having a first layered crystal structure and a second metal oxide having a second layered crystal structure including a layered double oxide (LDO) (abstract). The composite cathode active material includes a core, wherein the core includes the first metal oxide, and a coating layer on the surface of the core, wherein the coating layer includes the layered double oxide (para. 0012 and 0041). By coating the core including the first metal oxide with the LDO, structural stability of the composite cathode active material is improved by, for example, suppressing a side reaction of the core with an electrolyte solution because direct contact between the core and the electrolyte is blocked, preventing decomposition of the electrolyte solution on a surface of the core, preventing elution and re-electrodeposition of lithium ions included in the core, and improving lifespan characteristics of a lithium battery including the composite cathode active material (para. 0041). The first metal oxide (constituting the core) includes layered lithium transition metal oxide (e.g., LixNi1-y-z-MnyCozO2) (para. 0065-0069+). The second metal oxide or LDO (constituting the coating layer on the surface of the core) is of the formula LiaM2bM3cO4 where M2 may include Co and M3 may include Al (para. 0048-0051). An exemplary second metal oxide LDO is LiCo2AlO4 (para. 0055). LiCo2AlO4 meets the claimed Chemical Formula 2 where M' is Al, M" is Co, a' is 1, b is 1, c is 2 and d is 4. The broader formulae cited in para. 0050 also meets the claimed Chemical Formula 2 for substantially the same reasons (M2 being Co, M3 being Al, etc. but with the values of the disclosed a, b, and c overlapping the claimed a’, c, and b).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide a LDO metal oxide, i.e., LiCo2AlO4, as coating layer as taught by Son et al. on the surface of the layered crystal-structured lithium nickel-based metal complex oxide of Park et al. and arrive within the claimed limitations of a lithium complex oxide including an oxide represented by Chemical Formula 1 and relative Ni3+/Ni2+ content and a compound of the recited Chemical Formula 2 in order to improve the structural stability and lifespan characteristics of a positive electrode/cathode active material thereof. Park et al.’s lithium multicomponent transition metal oxide (an ABO2-based layered oxide) and Son et al.’s LDO metal oxide (an O4-based oxide) clearly have different crystal structures from each other.
Any remaining claim limitations are optional due to being recited in the alternative.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 2016/0006025) in view of Son et al. (US 2017/0358797 A1).
Sun teaches a lithium metal complex oxide comprising Ni3+ and Ni2+ wherein a ratio of a content of Ni3+ to a content of Ni2+ is 1.5 or greater on a surface of the lithium metal complex oxide (see each of Embodiments 9, 12, 13, 14, 15 and 17 in Table 2 on page 5, further described among para. 0036-0044). Each of the cited Embodiments of Sun appear to anticipate the claimed Ni3+/Ni2+ content ratio. For example, Embodiment 9 of Sun comprises an active material having a gradient composition of Ni:Co:Mn core portion mole ratio of 80:0:20 to surface portion ratio mole of 60:20:20 (para. 0036 and the general formulae at para. 0016), meaning the surface of the oxide has the composition LiNi0.5Co0.2Mn0.3O2. Sun discloses by way of the data and calculations in Table 2 that the Co and Mn are present solely as Co3+ and Mn4+, respectively, and Ni is present solely as Ni2+ and Ni3+. Accordingly, the surface composition of LiNi0.5Co0.2Mn0.3O2 calculates to having an average nickel oxidation state of 2.67 corresponding to 0.40 moles Ni3+ and 0.20 moles Ni2+, a Ni3+/Ni2+ ratio of 2.0.
Sun further teaches the lithium metal complex oxide comprises an oxide represented by a general formula corresponding to the instantly claimed Li1+aNi1-x-yM1xM2yO2 Chemical Formula 1 where M1 is Co and M2 is Mn, including values anticipating the claimed a, x and y variables (see the cited Embodiments, above). For example, Embodiment 9 cited above has an average composition with a Ni:Co:Mn mole ratio of 64:16:20 (para. 0036, 0045 and Table 1; each with a general formula of LiM1x1M2y2M3z1M42O2, para. 0016) corresponding to average compositions of LiNi0.64Co0.16Mn0.2O2, which corresponds to the claimed variables x = 0.16 and y = 0.2. Sun teaches the oxide comprises a layered structure (para. 0014) and is useful as a cathode active material (para. 0001).
Sun fails to teach the lithium metal complex oxide or a cathode material thereof further comprises a compound of the recited Chemical Formula 2 with a crystal structure different from the lithium complex oxide of Chemical Formula 1 that is disposed on the surface of the lithium complex oxide of Chemical Formula 1.
However, Son et al. teach a composite cathode active material including a first metal oxide having a first layered crystal structure and a second metal oxide having a second layered crystal structure including a layered double oxide (LDO) (abstract). The composite cathode active material includes a core, wherein the core includes the first metal oxide, and a coating layer on the surface of the core, wherein the coating layer includes the layered double oxide (para. 0012 and 0041). By coating the core including the first metal oxide with the LDO, structural stability of the composite cathode active material is improved by, for example, suppressing a side reaction of the core with an electrolyte solution because direct contact between the core and the electrolyte is blocked, preventing decomposition of the electrolyte solution on a surface of the core, preventing elution and re-electrodeposition of lithium ions included in the core, and improving lifespan characteristics of a lithium battery including the composite cathode active material (para. 0041). The first metal oxide (constituting the core) includes layered lithium transition metal oxide (e.g., LixNi1-y-z-MnyCozO2) (para. 0065-0069+). The second metal oxide or LDO (constituting the coating layer on the surface of the core) is of the formula LiaM2bM3cO4 where M2 may include Co and M3 may include Al (para. 0048-0051). An exemplary second metal oxide LDO is LiCo2AlO4 (para. 0055). LiCo2AlO4 meets the claimed Chemical Formula 2 where M' is Al, M" is Co, a' is 1, b is 1, c is 2 and d is 4. The broader formulae cited in para. 0050 also meets the claimed Chemical Formula 2 for substantially the same reasons (M2 being Co, M3 being Al, etc. but with the values of the disclosed a, b, and c overlapping the claimed a’, c, and b).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide a LDO metal oxide, i.e., LiCo2AlO4, as coating layer as taught by Son et al. on (top) the surface of the layered crystal-structured lithium nickel-based metal complex oxide of Sun and arrive within the claimed limitations of a lithium complex oxide including an oxide represented by Chemical Formula 1 and relative Ni3+/Ni2+ content and a compound of the recited Chemical Formula 2 in order to improve the structural stability and lifespan characteristics of a positive electrode/cathode active material thereof. Sun’s lithium metal complex oxide (an ABO2-based layered oxide) and Son et al.’s LDO metal oxide (an O4-based oxide) clearly have different crystal structures from each other.
Any remaining claim limitations are optional due to being recited in the alternative.
Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the prior 103 rejections have been considered. However, a majority of the arguments are moot because the arguments do not apply to all of the references being used in the current rejection. As explained in the Response to Amendment section above, the current rejection utilizes a new secondary reference, Son et al. (US 2017/0358797 A1), combined with the prior primary references of record under a new ground(s) of rejection which renders obvious the instant claim as amended (i.e., to meet the modified scope of Chemical Formula 2 as presently amended). See the new 103 rejections, above.
Applicant’s arguments that the prior cited Liu et al. and Choi et al. references include a lithium-free metal oxide layer whereas the claimed Chemical Formula 2 now requires lithium and any additional arguments to the prior cited Liu et al. and Choi et al. references (e.g., on pages 6 to 14 of the present remarks/response) are moot in view of the new reference/rejection.
Applicant’s additional arguments on pages 4-8 and 14 of the present remarks/response that there is technical significance in the invention by how the Chemical Formula 2 is made by reacting residual lithium with a metal compound for lithium reduction and the 132 declaration previously filed on 04/09/2025 substantiates remarks effects derived from this technical significance are noted but are not persuasive for the reasons already of record. The Final Rejection mailed 05/14/2025 thoroughly addressed the 132 declaration and these concerns. That discussion still applies. Particularly, Applicant is describing how the lithium compound of Chemical Formula 2 is made, i.e., product-by-process limitations that are extended little patentable weight, and the ultimate final structure of Chemical Formula 2 is Lia’-M’b-M”c-Od and all the variables a’, b, c, d, M’, and M”, as recited in the claim fully define the structure of the compound regardless of how made. Also, the allegation of improved/unexpected results remains unperfected to date as the examples in the comparative showing do not involve a comparison of Applicant’s invention with the closest applied prior art and the claims are not commensurate in scope with the probative value of data in the examples. See pages 12 to 18 of the Final Rejection mailed 05/14/2025. Also, the pending claim does not recite any such product-by-process limitation and a method comprising reacting a metal compound for lithium reduction with residual lithium is restricted and withdrawn.
Applicant’s additional concern that the Park et al. (US 2014/0131617 A1) primary reference is allegedly fundamentally different and teaches away from the claimed invention because Park et al. is to “single-phase” compounds and adding a shell/coating, i.e., a separate crystal phase, to the surface thereof is a modification directly contrary to the “single-phase” concept of the reference (p.8 of the present response/remarks) is noted but is not persuasive because nowhere does Park et al. indicate further treatment to their compounds (i.e., provision of an additional surface coating to protect the compound, as proposed in the rejection of record) is not permitted. Park et al. further teach their compounds are useful as electrode active materials (para. 0066+) which opens the reference to additional treatments that improve the compound’s utility as an electrode active material. Additionally, Park et al. further teaches provision of a coating agent for coating the outside of crystals of the single-phase material including metal oxides such as alumina, zirconia, titania, magnesia, etc. (para. 0098), which, while not the claimed Chemical Formula 2, are certainly a distinct phase from Park et al.’s single-phase compounds and indicate a shell/coating may be added, rendering Applicant’s concern of a teaching away moot.
In response to Applicant's additional argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
The remaining references listed on Forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon or described above.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R DIAZ whose telephone number is 571-270-0324. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
August 5, 2026
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