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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-14 and 20 in the reply filed on 10/16/2025 is acknowledged.
Claims 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, the method of preparing a cathode active material, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/16/2025.
Claim Rejections - 35 USC § 112
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 1-14 and 20 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.
Claim 1 recites “a sulfur-containing portion formed between the primary particles in an inner region of the lithium metal oxide particle”.
It is unclear whether the “inner region” is between the aggregate of primary particles, or if the “inner region” is inside the lithium metal oxide particle.
It is recommended to amend claim 1 to : “a sulfur-containing portion formed between the primary particles”.
Clarification is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 9-10, 12-14 and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kadowaki (US 20200313183 A1).
Regarding claim 1, Kadowaki discloses a cathode active material for a lithium secondary battery (abstract, [a positive electrode active material]), comprising a lithium metal oxide particle (abstract, [includes particles including crystals of a lithium metal composite oxide]) that contains tungsten (para. 0014, [the lithium metal composite oxide may be represented by the following Formula 1 … M is at least one element selected from … W]) and has a secondary shape in which a plurality of primary particles are aggregated (para. 0016, [the particles may be composed of primary particles [and] secondary particles formed of an agglomeration of the primary particles]), wherein the lithium metal oxide particle includes a sulfur-containing portion formed between the primary particles in an inner region of the lithium metal oxide particle (para. 0276-0277, [when a coated layer is formed on surfaces of the particles of the positive electrode active material as one method, a method for mixing a raw material for a coating with the lithium metal composite oxide] … para. 0278, [as the raw material for a coating material … sulfates … of at least one element selected from the group … S… can be used]).
Examiner notes that since each primary particle contains a sulfur based surface coating, there is a sulfur containing portion formed between the primary particles.
Regarding claim 2, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein the lithium metal oxide particle contains nickel (para. 0198, [the metal composite compound is a compound containing Ni]), and tungsten is doped into the primary particles (para. 0014, Tungsten is included in the primary particles and in Formula 1, Mw stands for an element selected from the group consisting of tungsten (W) and the amount ranges from , 0 ≤w≤ 0.10 , which is a dopant amount).
Regarding claim 3, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein a content of nickel in the lithium metal oxide particle is 80 mol% or more based on all elements except lithium and oxygen (para. 0520, Example 4, [ratio of nickel atoms … 0.88]).
Regarding claim 4, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein an amount of sulfur included in the sulfur-containing portion is greater than an amount of sulfur included in the primary particles (para. 0292, sulfur is not included in the primary particles. The sulfur is included in the coated layer that is formed on the surface of the primary particles(para. 0276-0277, [when a coated layer is formed on surfaces of the particles of the positive electrode active material as one method, a method for mixing a raw material for a coating with the lithium metal composite oxide] … para. 0278, [as the raw material for a coating material … sulfates … of at least one element selected from the group … S… can be used]).
Therefore, the amount of sulfur included in the coating layer [sulfur containing portion] is greater than the amount of sulfur included in the primary particles.
Regarding claim 5, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein a detection count of sulfur in the sulfur-containing portion is greater than a detection count of sulfur in the primary particles in an energy dispersive X-ray spectroscopy (EDS) analysis of a cross-section of the lithium metal oxide particle (para. 0292, sulfur is not included in the primary particles. The sulfur is included in the coated layer that is formed on the surface of the primary particles [para. 0278]. Therefore, the amount of sulfur included in the coating layer [sulfur containing portion] is greater than the amount of sulfur included in the primary particles. No sulfur would be detected in an EDS analysis of the primary particles).
Regarding claim 6, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein an amount of tungsten included in the primary particles is greater than an amount of tungsten included in the sulfur-containing portion (para. 0014, Tungsten is included in the primary particles and in Formula 1, Mw stands for an element selected from the group consisting of tungsten ((W)) (para. 0278 – tungsten is not contained in sulfur-containing portion, therefore an amount of tungsten included in the primary particles is greater than an amount of tungsten included in the sulfur-containing portion).
Regarding claim 7, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein a detection count of tungsten in the primary particles is greater than a detection count of tungsten in the sulfur-containing portion in an energy dispersive X-ray spectroscopy (EDS) analysis of a cross-section of the lithium metal oxide particles (para. 0014, in Formula 1, Mw stands for an element selected from the group consisting of W) (para. 0278 – tungsten is not contained in sulfur-containing portion, therefore an amount of tungsten included in the primary particles is greater than an amount of tungsten included in the sulfur-containing portion. No tungsten would be detected in an X-ray EDS analysis of tungsten in the sulfur containing portion).
Regarding claim 9, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein the primary particles include a layered crystal structure (para. 0088-0089, [a crystal structure of a lithium metal composite oxide is a layered structure]), and when a radius of the primary particle is designated as Rp, the primary particle does not include a cubic crystal structure in a region within a radius of 0.9Rp from a center of the primary particle (para. 0089, the crystal does not include a cubic crystal structure in its layered structure. The crystal structure is preferably a hexagonal crystal structure or a monoclinic crystal structure]).
Regarding claim 10, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein the primary particles include a layered crystal structure and do not include a cubic crystal structure (para. 0089, the crystal does not include a cubic crystal structure in its layered structure. The crystal structure is preferably a hexagonal crystal structure or a monoclinic crystal structure]).
Regarding claim 12, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 11, wherein the sulfur-containing portion is present in a region other than the region within the radius of 0.6Rs (para. 0292, sulfur is not included in the primary particles. Sulfur is included in the coated layer that is formed on the surface of the primary particles [para. 0278]. Therefore, the sulfur containing portion is present in a region other than the region within the radius of 0.6Rs).
Regarding claim 13, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 1, wherein, when a radius of the lithium metal oxide particle is designated as Rs, tungsten is present in a region within a radius of 0.6Rs from a center of the lithium metal oxide particle (para. 0014, Tungsten is included in the primary particles and in Formula 1, Mw stands for an element selected from the group consisting of tungsten (W) and the amount ranges from , 0 ≤w≤ 0.10 , which is a dopant amount, therefore Tungsten can be present anywhere within the core of the particle, including within a radius of 0.6Rs from a center).
Regarding claim 14, Kadowaki discloses the cathode active material for a lithium secondary battery of claim 13, wherein tungsten is present in a region other than the region within the radius of 0.6Rs (para. 0014, Tungsten is included in the primary particles and in Formula 1, Mw stands for an element selected from the group consisting of tungsten (W) and the amount ranges from , 0 ≤w≤ 0.10 , which is a dopant amount, therefore Tungsten can be present anywhere within the core of the particle, including within a radius of 0.6Rs from a center).
Regarding claim 20, Kadowaki discloses a lithium secondary battery, comprising: a cathode comprising the cathode active material for a lithium secondary battery according to claim 1(claim 10, [a lithium-ion battery comprising, a positive electrode, a negative electrode … the positive electrode includes a positive electrode active material … which includes the positive electrode active material according to claim 1]); and an anode facing the cathode (Fig. 2 shows the anode [item 120] facing the cathode [item 110]).
Claim Rejections - 35 USC § 103
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kadowaki (US 20200313183 A1) and further in view of Zhang (Zhang, Nan, et al. “Improving the electrochemical performance of lithium-rich cathode materials li1.2mn0.54ni0.13co0.13o2 by a method of tungsten doping.” Ionics, vol. 25, no. 11, 12 June 2019, pp. 5239–5247.).
Regarding claim 8, Kadowaki teaches the cathode active material for a lithium secondary battery of claim 1.
Kadowaki does not teach wherein, in an energy dispersive X-ray spectroscopy (EDS) analysis of a cross-section of the lithium metal oxide particle, a difference between a maximum detection count of tungsten and an average detection count of tungsten is 45% or less of the average detection count, and a difference between a minimum detection count of tungsten and the average detection count of tungsten is 45% or less of the average detection count.
Zhang, in the same field of endeavor, lithium metal oxide cathode materials, teaches the use of energy dispersive X-ray spectroscopy to analyze tungsten in a lithium metal oxide particle doped sample pg. 5240, 1st column, second paragraph [the W-doped samples Li1.2Mn0.54-xNi0.13Co0.13WxO2 ]). Zhang teaches that element distribution of the material can be observed using EDS (Zhang, pg. 5240, Materials characterization, [the element distribution of the material surface was observed by EDS]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art, at the time the instant invention was filed, to have utilized energy dispersive X-ray spectroscopy to research the W-doping content and to determine that the distribution of elements is homogeneous (Zhang, pg. 5245, conclusion, 1st paragraph).
It is the Examiner’s position that this material characterization would have led one of ordinary skill in the art at the time the instant invention was filed to have arrived at a difference between a maximum detection count of tungsten and an average detection count of tungsten is 45% or less of the average detection count, and a difference between a minimum detection count of tungsten and the average detection count of tungsten is 45% or less of the average detection count, without undue experimentation, particularly given that Zhang teaches that appropriate W-doping can prominently raise its [cathode active material’s] electrochemical performance (Zhang, pg. 5245-5246, conclusion, 1st paragraph).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kadowaki (US 20200313183 A1) and further in view of Seo (US 20230170478 A1).
Regarding claim 11, Kadowaki teaches the cathode active material for a lithium secondary battery of claim 1.
Kadowaki does not teach wherein, when a radius of the lithium metal oxide particle is designated as Rs, the sulfur-containing portion is present in a region within a radius of 0.6Rs from a center of the lithium metal oxide particle.
Seo, in the same field of endeavor, batteries, teaches that when a radius of the lithium metal oxide particle is designated as Rs, the sulfur-containing portion is present in a region within a radius of 0.6Rs from a center of the lithium metal oxide particle (Seo, claim 1, [ a part of transition metal sites in a crystal lattice of the crystal structure is substituted with a doping element M, and a part of oxygen sites in the crystal lattice is substituted with sulfur (S)]). Examiner notes that since the particle’s crystal lattice includes sulfur then it would be expected that sulfur would exist in a region within a radius of 0.6R from a center of the lithium metal oxide particle.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have doped Kadowaki’s lithium metal oxide particle with sulfur, as taught by Seo, in order to have a cathode active material with high capacity and long life characteristics, as taught by Seo, (para. 0028, [the positive active material according to an embodiment of the present disclosure has high capacity and long life characteristics, by having a part of transition metal substituted with a doping element M, and a part of O substituted with S]).
Other Pertinent Art
US 20180337403 A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
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/V.G./ Examiner, Art Unit 1721
/ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721