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 .
This action is responsive to Applicant’s amendment/remarks filed 01/21/2026.
Claims 1, 3, and 4 are currently pending, of which claims 3 and 4 are withdrawn.
Response to Amendment
The rejections under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2007/0292761 A1) or Park et al. (US 2007/0292761 A1) in view of Tamakoshi et al. (US 2011/0111280 A1) are withdrawn in view of the above amendment.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 Ogawa et al. (JP 2007-213866 A) is withdrawn in view of the above amendment.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 Ogawa et al. (JP 2007-213866 A) is withdrawn in view of the above amendment.
The prior grounds of rejections relied on the Park et al. ‘761 reference teaching/suggesting a Li2Mn3CoO8 compound that read on the recited Chemical Formula 2, Tamakoshi et al. teaching/suggesting Li1+xMn2-yCoyO4 or LiMn2-yCoyO4 compounds that read on the recited Chemical Formula 2, and/or Ogawa et al. teaching/suggesting a LiMn2-aCoaO4 compound that read on the recited Chemical Formula 2. However, the claim has been amended to effectively exclude these compounds 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. Thus, the Chemical Formula 2 as amended is limited to lithium cobalt oxides, lithium aluminum cobalt oxides, cobalt oxides, and aluminum cobalt oxides. For purposes of claim interpretation, note that, despite the claim having the terminology that the Chemical Formula 2 compound is a “lithium compound”, the formula indicates the compound need not contain any lithium (a is optionally zero).
The current rejection utilizes new secondary references, Liu (CN 104009209 A) and Choi et al. (KR 2015-0112338 A), combined the primary references of record under a new ground(s) of rejection which renders obvious the instant claim. 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 Liu (CN 104009209 A) or Choi et al. (KR 2015-0112338 A). English language machine translations of Liu and Choi et al. are provided with the supplied copies of the references. Citations are to the English language machine translations unless specified otherwise.
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, Liu teaches a lithium ion battery positive electrode material with a core-shell structure (abstract and para. 0004). A core-shell structure is one where the shell portion is disposed on the surface of the core portion. The core may comprise a layered lithium transition metal oxide (LiNixCoyM1-x-yO2) (see para. 0014 in both the transition and original). The shell comprises a metal oxide made from a list of potential metal species, including Co, (para. 0011). The working examples (see p.5 of the Engl. lang. mach. trans.) demonstrate the metal oxide shells are indeed simply stoichiometric metal oxides including the metal and oxygen. Accordingly, the selection and provision of a cobalt oxide shell encompasses any of cobalt (II) oxide, cobalt (III) oxide, cobalt (II,III) oxide. A cobalt oxide shell as taught and motivated by the reference meets the claimed chemical formula 2 where a' is zero, b is zero, c is greater than zero and less than or equal to 10, and d is greater than zero and less than or equal to 10 as claimed. Liu teaches provision of the metal oxide shell on the lithium transition metal oxide core improves physical, electrochemical, and storage properties as well as safety performance compared to the core material alone (para. 0023).
Furthermore, Choi et al. teach a lithium secondary battery cathode active material having a core-shell structure (abstract). Again, core-shell structure is one where the shell portion is disposed on the surface of the core portion. The core contains a lithium oxide including a layered lithium transition metal oxide (LiCoO2, LiNiO2, or Li(NixCoyMnz)O2) (abstract and the middle of p.3; see also para. 0020 of the original document). The shell contains a metal oxide of the formula MOx where M is a transition metal selected from, among very few others, Co, and x is the number of oxygen atoms bonding with the transition metal M (bottom of p.3). The metal oxide shell formula encompasses and amounts to simple stoichiometric metal oxides including the metal and oxygen. The working examples (see p.6 & 7 of the Engl. lang. mach. trans.) also demonstrate the metal oxide shells are indeed simply stoichiometric metal oxides including the metal and oxygen. Accordingly, the selection and provision of a cobalt oxide shell encompasses any of cobalt (II) oxide, cobalt (III) oxide, cobalt (II,III) oxide. A cobalt oxide shell as taught and motivated by the reference meets the claimed chemical formula 2 where a' is zero, b is zero, c is greater than zero and less than or equal to 10, and d is greater than zero and less than or equal to 10 as claimed. Choi et al. teach provision of the shell imparts a high capacity, high output, improved cycle characteristics, and improved energy density to a lithium secondary battery comprising the active material at a high temperature (see first paragraph of Description of Embodiments on p.3). Choi et al. also teach the core portions can be destroyed during charge/discharge cycles by the occurrence of manganese, cobalt, or nickel ions eluting and forming the shell portion on the core portion encloses the core portion to prevent such elution, improving the material.
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 cobalt oxide as a shell portion as taught by Liu 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 charge/discharge characteristics and safety of a positive electrode/cathode active material thereof. Park et al.’s lithium multicomponent transition metal oxide (an ABO2-based layered oxide) and Liu’s stoichiometric cobalt oxide(s) have different crystal structures from each other.
Alternatively, at the time of the effective filing date it would have also been obvious to a person of ordinary skill in the art to provide a cobalt oxide as a shell portion as taught by Choi 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 impart a high capacity, a high output, improved cycle characteristics, and improved energy density to a lithium secondary battery comprising the active material and also prevent elution of ions from the core portion material during charge/discharge by enclosing the core via the metal/cobalt oxide shell portion. Park et al.’s lithium multicomponent transition metal oxide (an ABO2-based layered oxide) and Choi et al.’s stoichiometric cobalt oxide(s) 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 Liu (CN 104009209 A) or Choi et al. (KR 2015-0112338 A). English language machine translations of Liu and Choi et al. are provided with the supplied copies of the references. Citations are to the English language machine translations unless specified otherwise.
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, Liu teaches a lithium ion battery positive electrode material with a core-shell structure (abstract and para. 0004). A core-shell structure is one where the shell portion is disposed on the surface of the core portion. The core may comprise a layered lithium transition metal oxide (LiNixCoyM1-x-yO2) (see para. 0014 in both the transition and original). The shell comprises a metal oxide made from a list of potential metal species, including Co, (para. 0011). The working examples (see p.5 of the Engl. lang. mach. trans.) demonstrate the metal oxide shells are indeed simply stoichiometric metal oxides including the metal and oxygen. Accordingly, the selection and provision of a cobalt oxide shell encompasses any of cobalt (II) oxide, cobalt (III) oxide, cobalt (II,III) oxide. A cobalt oxide shell as taught and motivated by the reference meets the claimed chemical formula 2 where a' is zero, b is zero, c is greater than zero and less than or equal to 10, and d is greater than zero and less than or equal to 10 as claimed. Liu teaches provision of the metal oxide shell on the lithium transition metal oxide core improves physical, electrochemical, and storage properties as well as safety performance compared to the core material alone (para. 0023).
Furthermore, Choi et al. teach a lithium secondary battery cathode active material having a core-shell structure (abstract). Again, core-shell structure is one where the shell portion is disposed on the surface of the core portion. The core contains a lithium oxide including a layered lithium transition metal oxide (LiCoO2, LiNiO2, or Li(NixCoyMnz)O2) (abstract and the middle of p.3; see also para. 0020 of the original document). The shell contains a metal oxide of the formula MOx where M is a transition metal selected from, among very few others, Co, and x is the number of oxygen atoms bonding with the transition metal M (bottom of p.3). The metal oxide shell formula encompasses and amounts to simple stoichiometric metal oxides including the metal and oxygen. The working examples (see p.6 & 7 of the Engl. lang. mach. trans.) also demonstrate the metal oxide shells are indeed simply stoichiometric metal oxides including the metal and oxygen. Accordingly, the selection and provision of a cobalt oxide shell encompasses any of cobalt (II) oxide, cobalt (III) oxide, cobalt (II,III) oxide. A cobalt oxide shell as taught and motivated by the reference meets the claimed chemical formula 2 where a' is zero, b is zero, c is greater than zero and less than or equal to 10, and d is greater than zero and less than or equal to 10 as claimed. Choi et al. teach provision of the shell imparts a high capacity, high output, improved cycle characteristics, and improved energy density to a lithium secondary battery comprising the active material at a high temperature (see first paragraph of Description of Embodiments on p.3). Choi et al. also teach the core portions can be destroyed during charge/discharge cycles by the occurrence of manganese, cobalt, or nickel ions eluting and forming the shell portion on the core portion encloses the core portion to prevent such elution, improving the material.
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 cobalt oxide as a shell portion as taught by Liu 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 charge/discharge characteristics and safety of a positive electrode/cathode active material thereof. Park et al.’s lithium multicomponent transition metal oxide (an ABO2-based layered oxide) and Liu’s stoichiometric cobalt oxide(s) have different crystal structures from each other.
Alternatively, at the time of the effective filing date it would have also been obvious to a person of ordinary skill in the art to provide a cobalt oxide as a shell portion as taught by Choi 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 impart a high capacity, a high output, improved cycle characteristics, and improved energy density to a lithium secondary battery comprising the active material and also prevent elution of ions from the core portion material during charge/discharge by enclosing the core via the metal/cobalt oxide shell portion. Park et al.’s lithium multicomponent transition metal oxide (an ABO2-based layered oxide) and Choi et al.’s stoichiometric cobalt oxide(s) 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 Liu (CN 104009209 A) or Choi et al. (KR 2015-0112338 A). English language machine translations of Liu and Choi et al. are provided with the supplied copies of the references. Citations are to the English language machine translations unless specified otherwise.
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, Liu teaches a lithium ion battery positive electrode material with a core-shell structure (abstract and para. 0004). A core-shell structure is one where the shell portion is disposed on the surface of the core portion. The core may comprise a layered lithium transition metal oxide (LiNixCoyM1-x-yO2) (see para. 0014 in both the transition and original). The shell comprises a metal oxide made from a list of potential metal species, including Co, (para. 0011). The working examples (see p.5 of the Engl. lang. mach. trans.) demonstrate the metal oxide shells are indeed simply stoichiometric metal oxides including the metal and oxygen. Accordingly, the selection and provision of a cobalt oxide shell encompasses any of cobalt (II) oxide, cobalt (III) oxide, cobalt (II,III) oxide. A cobalt oxide shell as taught and motivated by the reference meets the claimed chemical formula 2 where a' is zero, b is zero, c is greater than zero and less than or equal to 10, and d is greater than zero and less than or equal to 10 as claimed. Liu teaches provision of the metal oxide shell on the lithium transition metal oxide core improves physical, electrochemical, and storage properties as well as safety performance compared to the core material alone (para. 0023).
Furthermore, Choi et al. teach a lithium secondary battery cathode active material having a core-shell structure (abstract). Again, core-shell structure is one where the shell portion is disposed on the surface of the core portion. The core contains a lithium oxide including a layered lithium transition metal oxide (LiCoO2, LiNiO2, or Li(NixCoyMnz)O2) (abstract and the middle of p.3; see also para. 0020 of the original document). The shell contains a metal oxide of the formula MOx where M is a transition metal selected from, among very few others, Co, and x is the number of oxygen atoms bonding with the transition metal M (bottom of p.3). The metal oxide shell formula encompasses and amounts to simple stoichiometric metal oxides including the metal and oxygen. The working examples (see p.6 & 7 of the Engl. lang. mach. trans.) also demonstrate the metal oxide shells are indeed simply stoichiometric metal oxides including the metal and oxygen. Accordingly, the selection and provision of a cobalt oxide shell encompasses any of cobalt (II) oxide, cobalt (III) oxide, cobalt (II,III) oxide. A cobalt oxide shell as taught and motivated by the reference meets the claimed chemical formula 2 where a' is zero, b is zero, c is greater than zero and less than or equal to 10, and d is greater than zero and less than or equal to 10 as claimed. Choi et al. teach provision of the shell imparts a high capacity, high output, improved cycle characteristics, and improved energy density to a lithium secondary battery comprising the active material at a high temperature (see first paragraph of Description of Embodiments on p.3). Choi et al. also teach the core portions can be destroyed during charge/discharge cycles by the occurrence of manganese, cobalt, or nickel ions eluting and forming the shell portion on the core portion encloses the core portion to prevent such elution, improving the material.
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 cobalt oxide as a shell portion as taught by Liu on (top) the surface of the layered crystal-structured lithium nickel-based metal complex oxide of Sun as a core portion 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 physical, electrochemical, and storage properties as well as safety performance of a positive electrode/cathode active material thereof. Sun’s lithium metal complex oxide (an ABO2-based layered oxide) and Liu’s stoichiometric cobalt oxide(s) have different crystal structures from each other.
Alternatively, at the time of the effective filing date it would have also been obvious to a person of ordinary skill in the art to provide a cobalt oxide as a shell portion as taught by Choi et al. on (top) the surface of the layered crystal-structured lithium nickel-based metal complex oxide of Sun as a core portion 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 impart a high capacity, a high output, improved cycle characteristics, and improved energy density to a lithium secondary battery comprising the active material and also prevent elution of ions from the core portion material during charge/discharge by enclosing the core via the metal/cobalt oxide shell portion. Sun’s lithium metal complex oxide (an ABO2-based layered oxide) and Choi et al.’s stoichiometric cobalt oxide(s) 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 on 01/21/2026 with respect to the prior 103 rejections have been considered but 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 new secondary references, Liu (CN 104009209 A) and Choi et al. (KR 2015-0112338 A), combined 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.
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.
Correspondence
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
March 23, 2026