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 .
Response to Arguments
Applicant’s arguments with respect to claims 1, 7, 18 and affected dependent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 05/19/2026 have been fully considered but they are not persuasive.
Applicant states: “However, Kwon requires shell 113 which includes a second transition metal-based active material to be disposed between the core 112 and the coating film 114. That is, the coating film 114 is not in direct contact with the core 112 as required by the present claims.”
Examiner respectfully disagrees. The claims do not require direct contact with a core but rather direct contact with the electroactive material particles that are part of the at least a portion of the particles. In Kwon, the coating 114 is disposed on a core-shell composite particle that is an active material particle [Abstract, Figure 1, 0049, 0065, 0050, 0036]. This limitation overcomes the disclosure of Kwon when the electroactive material is nickel-rich.
Claim Objections
Claim 21 objected to because of the following informalities: “thicknesses” should read as “thickness” for a singularity from “an”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-8, and 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon (PGPub 2021/0296691).
Considering Claim 1, Kwon discloses an electroactive material (cathode active material [0086]) for an electrode of an electrochemical cell (cathode 10 [0084] for an all-solid secondary battery 1 [0084]), the electroactive material comprising:
a plurality of electroactive material (cathode active material has a particle shape [0092] with a plurality of particles for a powder [0142]), at least a portion of the plurality of electroactive material particles having a coating (coating 114 disposed on each particle surface as a shell [0065, Figure 1]) comprising a conductive oxygen storage material (oxides such as lithium cerium oxide [0067, claim 2]) having a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s (lithium film is a lithium ion conductor [0065], material choice may be lithium cerium oxide [0067, claim 2], and the thickness may be about 10 nm to about 50 nm [0066], this material choice and thickness matches that of the claimed invention [0074, 0008 PGPub version], so it appears that Kwon inherently discloses a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s), the coating being in direct contact with the electroactive material particles defining the at least a portion of the plurality of electroactive material particles (coating 114 disposed on core-shell composite particle that is an active material particle [Abstract, Figure 1, 0049, 0065, 0050, 0036]).
Considering Claim 2, Kwon discloses that the electrode comprises greater than 0 wt% to less than or equal to about 10 wt% of the oxygen storage material (content of lithium ion conductor may be about 0.1 parts by weight to about 5 parts by weight based on 100 parts by weight of the total weight of the cathode active material [0071]).
Considering Claim 3, Kwon discloses that the oxygen storage material is selected from lithium cerium oxide (lithium cerium oxide [0067, claim 2]).
Considering Claim 5, Kwon discloses that the conductive layer is a continuous layer covering greater than or equal to about 85% of a total surface area of each electroactive material particle of the at least a portion of the plurality of electroactive material particles (all of the particle surface is covered by the uniform coating film [Figure 1, 0035] for purposes of Co, P, and/or S diffusion suppression [0066] via spray coating or dipping [0088]).
Considering Claim 6, Kwon discloses that the conductive layer has an average thickness greater than 2 nanometers to less than or equal to about 200 nanometers (thickness may be about 10 nm to about 50 nm [0066]).
Considering Claim 7, Kwon discloses an electrode (cathode 10 [0084]) for an electrochemical cell (all-solid secondary battery 1 [0084]), the electrode comprising:
an electroactive material layer (cathode active material layer 12 [0084]) comprising a plurality of electroactive material (cathode active material has a particle shape [0092] with a plurality of particles for a powder [0142]); and
a conductive layer (coating film 114 [0065, Figure 1]) comprising an oxygen storage material (oxides such as lithium cerium oxide [0067, claim 2]) and having a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s (lithium film is a lithium ion conductor [0065], material choice may be lithium cerium oxide [0067, claim 2], and the thickness may be about 10 nm to about 50 nm [0066], this material choice and thickness matches that of the claimed invention [0074, 0008 PGPub version], so it appears that Kwon inherently discloses a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s) disposed on and in direct contact with one or more surfaces of the electroactive material layer (coating 114 disposed on core-shell composite particle that is an active material particle [Abstract, Figure 1, 0049, 0065, 0050, 0036]).
Considering Claim 8, Kwon discloses that the electrode comprises greater than 0 wt% to less than or equal to about 10 wt% of the oxygen storage material (content of lithium ion conductor may be about 0.1 parts by weight to about 5 parts by weight based on 100 parts by weight of the total weight of the cathode active material [0071]), and
the oxygen storage material is selected from lithium cerium oxide (lithium cerium oxide [0067, claim 2]).
Considering Claim 11, Kwon discloses that the conductive layer is a continuous layer covering greater than or equal to about 85% of a total surface area of the respective surfaces of the electroactive material layer (all of the particle surface is covered by the uniform coating film [Figure 1, 0035] for purposes of Co, P, and/or S diffusion suppression [0066] via spray coating or dipping [0088]).
Considering Claim 12, Kwon discloses that the conductive layer has an average thickness greater than 2 nanometers to less than or equal to about 200 nanometers (thickness may be about 10 nm to about 50 nm [0066]).
Considering Claim 13, Kwon discloses that the oxygen storage material is a first oxygen storage material and at least a portion of the plurality of electroactive material particles are coated with a second oxygen storage material (cathode active material has a particle shape [0092] with a plurality of particles for a powder [0142], film 114 is disposed on each particle surface as a shell [0065, Figure 1], one set of particle coatings may be a first oxygen storage material and a second set of particle coatings may be a second oxygen storage material as the claimed invention states that the first and second oxygen storage materials are the same [claim 17]).
Considering Claim 14, Kwon discloses that the conductive layer has an average thickness greater than 2 nanometers to less than or equal to about 200 nanometers (thickness may be about 10 nm to about 50 nm [0066]).
Considering Claim 15, Kwon discloses that the conductive layer is a continuous layer covering greater than or equal to about 85% of a total surface area of the respective surfaces of the electroactive material particles (all of the particle surface is covered by the uniform coating film [Figure 1, 0035] for purposes of Co, P, and/or S diffusion suppression [0066] via spray coating or dipping [0088]).
Considering Claim 16, Kwon discloses that the oxygen storage material is selected from lithium cerium oxide (lithium cerium oxide [0067, claim 2]).
Considering Claim 17, Kwon discloses that the second oxygen storage material is the same as the first oxygen storage material (cathode active material has a particle shape [0092] with a plurality of particles for a powder [0142], film 114 is disposed on each particle surface as a shell [0065, Figure 1], one set of particle coatings may be a first oxygen storage material and a second set of particle coatings may be a second oxygen storage material as the claimed invention states that the first and second oxygen storage materials are the same [claim 17]). Kwon discloses that the oxygen storage material is selected from lithium cerium oxide (lithium cerium oxide [0067, claim 2]).
Claims 1, 2, 4, 5, 7, 10, 11, 13, 15, 17, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (CN111564606 (see attached Machine Translation)).
Considering Claim 1, Chen discloses an electroactive material for an electrode of an electrochemical cell (cathode material for lithium-ion batteries [0001, 0002]), the electroactive material comprising:
a plurality of electroactive material particles (secondary cathode material particles [0027, 0099]), at least a portion of the plurality of electroactive material particles having a coating comprising a conductive oxygen storage material (coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099]) having a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s (lithium ion conductivity optimized with transport channels via oxygen vacancies and doping [0017, 0018] to provide charge-discharge efficiency and high-temperature cycle performance [0082] via doped CeO2 [0176], so it appears that coating material inherently has a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s), the coating being in direct contact with the electroactive material particles defining the at least a portion of the plurality of electroactive material particles (direct coating of surface of particles [0099, 0082, Figure 1]).
Considering Claim 2, Chen discloses that the electroactive material comprises greater than 0 wt% to less than or equal to about 10 wt% of the at least a portion of the plurality of electroactive material particles having the coating (mass percentage of coating layer is 0.1% to 0.5% [0029]).
Considering Claim 4, Chen discloses that the cathode material is a lithium nickel cobalt metal oxide formula [0021] with a molar percentage of nickel more than 60% [0025], which reads on the claimed formula of claim 4.
Considering Claim 5, Chen discloses that the coating is a continuous coating covering greater than or equal to about 85% of a total surface area of each electroactive material particle of the at least a portion of the plurality of electroactive material particles (uniform oxide coating formed on whole surface of material [0082]).
Considering Claim 7, Chen discloses an electrode for an electrochemical cell (positive electrode of lithium-ion battery [0079]), the electrode comprising:
an electroactive material layer (positive electrode sheet [0079]) comprising a plurality of electroactive material particles (secondary cathode material particles [0027, 0099]); and
a conductive layer comprising an oxygen storage material (coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099]) having a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s (lithium ion conductivity optimized with transport channels via oxygen vacancies and doping [0017, 0018] to provide charge-discharge efficiency and high-temperature cycle performance [0082] via doped CeO2 [0176], so it appears that coating material inherently has a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s) disposed on and in direct contact with one or more surfaces of the electroactive material layer (direct coating of surface of particles and thus surfaces of positive electrode sheet [0099, 0082, Figure 1]).
Considering Claim 10, Chen discloses that the cathode material is a lithium nickel cobalt metal oxide formula [0021] with a molar percentage of nickel more than 60% [0025], which reads on the claimed formula of claim 10.
Considering Claim 11, Chen discloses that the coating is a continuous coating covering greater than or equal to about 85% of a total surface area of the electroactive material layer (uniform oxide coating formed on whole surface of material [0082] which makes up the positive electrode sheet [0079]).
Considering Claim 13, Chen discloses that the oxygen storage material is a first oxygen storage material and at least a portion of the plurality of electroactive material particles are coated with a second oxygen storage material (coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099], portion of coatings can be mapped to first material and second portion of coatings can be mapped to second material).
Considering Claim 15, Chen discloses that the second oxygen storage material defines particle coatings on at least a portion of the electroactive material particles of the plurality of electroactive material particles defining the electroactive material layer (coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099], portion of coatings can be mapped to first material and second portion of coatings can be mapped to second material), wherein the particle coatings are continuous coatings covering greater than or equal to about 85% of a total surface area of each respective electroactive material particle of the at least a portion of the electroactive material particles (uniform oxide coating formed on whole surface of material [0082]).
Considering Claim 17, Chen discloses that the second oxygen storage material is the same as the first oxygen storage material (coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099], portion of coatings can be mapped to first material and second portion of coatings can be mapped to second material).
Considering Claim 18, Chen discloses an electrode for an electrochemical cell (positive electrode of lithium-ion battery [0079]), the electrode comprising:
an electroactive material layer (positive electrode sheet [0079]) comprising a plurality of electroactive material particles (secondary cathode material particles [0027, 0099]), wherein the cathode material is a lithium nickel cobalt metal oxide formula [0021] with a molar percentage of nickel more than 60% [0025], which reads on the claimed formula of claim 18, and
wherein at least a portion of the plurality of electroactive material particles comprise a particle coating comprising a first conductive oxygen storage material, the particle coating being in direct contact with the electroactive material particles of the at least a portion of the plurality of electroactive material particles (secondary cathode material particles [0027, 0099], coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099], direct coating of surface of particles [0099, 0082, Figure 1]), the particle coating being in direct contact with ; and
a conductive layer comprising a second conductive oxygen storage material disposed on and in direct contact with one or more surfaces of the electroactive material layer (direct coating of surface of particles and thus surfaces of positive electrode sheet [0099, 0082, Figure 1], coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099], portion of coatings can be mapped to first material and second portion of coatings can be mapped to second material), the first and second conductive oxygen storage materials each having a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s (lithium ion conductivity optimized with transport channels via oxygen vacancies and doping [0017, 0018] to provide charge-discharge efficiency and high-temperature cycle performance [0082] via doped CeO2 [0176], so it appears that coating material inherently has a lithium diffusion coefficient greater than or equal to about 10-15 cm2·s).
Considering Claim 20, Chen discloses that the mass percentage of coating layer is 0.1% to 0.5% [0029], so first and second materials are each less than 10 wt%.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6, 12, 14, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN111564606 (see attached Machine Translation)).
Considering Claims 6 and 12, Chen discloses that the thickness of the coating layer may be 50 nm, 75 nm, 85 nm, 100 nm, 125 nm, 150 nm, 175 nm, or 200 nm for purposes of reducing electrolyte reaction and optimizing lithium ion diffusion [0028, 0029], so selecting these values for such predicted results would have been obvious to a person of ordinary skill in the art.
Considering Claim 14, Chen discloses that the second oxygen storage material defines particle coatings on at least a portion of the electroactive material particles of the plurality of electroactive material particles defining the electroactive material layer (coating material has oxygen storage capacity [0177, 0001, 0002, 0028, 0099], portion of coatings can be mapped to first material and second portion of coatings can be mapped to second material), wherein the particle coatings have average thicknesses greater than 2 nanometers to less than or equal to about 200 nanometers (thickness of the coating layer may be 50 nm, 75 nm, 85 nm, 100 nm, 125 nm, 150 nm, 175 nm, or 200 nm for purposes of reducing electrolyte reaction and optimizing lithium ion diffusion [0028, 0029], so selecting these values for such predicted results would have been obvious to a person of ordinary skill in the art).
Considering Claim 21, Chen discloses that the coating has an average thickness greater than 110 nanometers to less than or equal to about 200 nanometers (thickness of the coating layer may be 125 nm, 150 nm, 175 nm, or 200 nm for purposes of reducing electrolyte reaction and optimizing lithium ion diffusion [0028, 0029], so selecting these values for such predicted results would have been obvious to a person of ordinary skill in the art).
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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/CHRISTOPHER P DOMONE/ Primary Patent Examiner
Art Unit 1725