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 Species 1A, 2A, 3A, and 4A in the reply filed on 01/06/2026 is acknowledged.
Claims 3, 6, and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/06/2026.
Status of the Claims
The claims submitted 02/03/2023 have been entered and fully considered. Claims 1-20 are pending. Claims 3, 6, and 10 are withdrawn. Claims 1-2, 4-5, 7-9, and 11-20 are examined herein.
Claim Objections
Claims 18-20 are objected to because of the following informalities: in claim 18, the limitation “metal solutions” in line 6 should be amended to “aqueous metal ion solutions” to maintain proper antecedent basis. Claims 19-20 depend from claim 18 and are objected to for the same reason. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-20 are 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.
Regarding claims 1, 13, 17, and 18, the claims recite as parts of the composition “[Li1+δ(Nix’Mny’Coz’)1-δO2]βM2” and “[Na1+δ(Nix’Mny’Coz’)1-δO2]βM2” wherein “M2 has a structure comprising a Mn-rich and/or spinel phase.” A similar recitation is made in claim 13. The specification states in [0034]: “As used herein, a “spinel” structure refers to a class of minerals of general formulation AB2X4 that crystallize in the cubic crystal system, and may crystallize Fd-3m space group, or other space group. Its phase or structure is determined in that the X anions (typically chalcogens, like oxygen and sulfur) are arranged in a cubic close-packed lattice and the cations A and B occupying some or all of the octahedral and tetrahedral sites in the lattice.” The specification further states in [0035]: “As used herein, a “Mn-rich” structure refers to a class of minerals of general formulation aLi2MnO3∙(1-a)LiNixMnyCol-x-yO2, 0<a<1, 0.333≤x≤1, and O≤y≤0.5, wherein the Li2MnO3 crystallizes C2/m space group or other space group; and LiNixMnyCol-x-yO2 crystallizes in R-3m space group, or other space group.” The M2 composition recited in claims 1, 13, 17, and 18 conflicts with the definitions in the specification. It is unclear how the formula or composition should be interpreted. See the rejection below for interpretation. Claims
Regarding claim 1, the claim recites “an inner most core portion of the particle is one of M1, M2, or M3; an interlayer may be any one of the remaining two of M1, M2, or M3; an outer most layer may be the remaining member of M1, M2, or M3.” However, α (i.e. the amount of the M1) can be zero. This conflicts with the recitation of inner most core portion, the interlayer, and the outer most layer as it requires all three of M1, M2, and M3. For the purpose of this Office action, the range of α will be interpreted as “0<α<1”.
Regarding claim 5, the claim recites “0≤β<0.2” while claim 1, from which the instant claim depends, recites “0<β<1”. Claim 1 excludes β=0 while claim 5 includes β=0. This renders the scope of the claim unclear. See the rejection below for interpretation.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 5 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 5, the claim recites “0≤β<0.2” while claim 1, from which the instant claim depends, recites “0<β<1”. Claim 1 excludes β=0 while claim 5 includes β=0. Claim 5 therefore fails to further limit the subject matter of the claim upon which it depends. (Though claim 6 is withdrawn, it is noted that claim 6 contains a similar limitation.)
Regarding claim 13, the claim recites “wherein the composition is expressed as…” and recites compositions that include T, T’, and T’’ which are dopant cations. The amount of the dopant cations is greater or equal to zero and less than or equal to 0.1. The composition in formula 1 recites no dopant cations to their apparent exclusion. Therefore, claim 13 broadens the scope of the composition and fails to further limit the subject matter of the claim upon which it depends. Since the amount of the dopant cations can be zero in claim 13, the Office suggests amending the composition in claim 1 to positively recite the dopant cations with the range as in claim 13.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-2, 4, 8-9, 11-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0280863 A1 (“Liu”).
Regarding claims 1-2 and 17, Liu discloses a cathode active material including a Ni-rich composition expressed as: Li1+β(NixMnyCoz)M1α(Nix′Mny′Coz′)M21−αO2; where: M1 represents a core composition comprising of Ni, Mn, and/or Co or a combination of at two of thereof; M2 represents a surface composition having at least 50% Co, and, optionally Ni and/or Mn; the structure of M2 may be a composite structure and includes a rock-salt or disordered rock-salt phase; 0.8≤α<1, 0.6≤x≤1, 0≤y≤0.4, 0≤z≤0.4, 0≤x′≤0.5, 0≤y′≤0.5, 0.5≤z′≤1, and −0.1≤β≤0.1 ([0036]). Liu further discloses the sum of x, y, and z will be about 1, and the sum of x′, y′, and z′ will be about 1 ([0028]). Liu discloses the core (M1 structure) has a layered structure (Fig. 9; [0018]).
As a result of the method of formation, wherein a precursor and a lithium salt or a sodium salt and heat treated ([0048]), the lithium or sodium is present in each of the M1 and M2 phases.
Liu further discloses that the M2 structure includes a spinel structure nearer a central portion of the particle ([0007], [0036]). As disclosed, the M2 structure having its disclosed composition contains a spinel structure. Therefore, it is considered that the spinel structure has a chemical composition that falls within the M2 chemical composition. Therefore, the M1 structure of Liu corresponds to the claimed M1 structure having a layered phase as the inner most core, the spinel structure of Liu corresponds to the claimed M2 structure having a spinel phase as the interlayer, and the M2 structure of Liu corresponds to the claimed M3 structure having a rock-salt or disordered rock-salt phase as the outer most layer (the x′, y′, and z′ of Liu correspond to the claimed x′′, y′′, and z′′).
Regarding claim 4, Liu discloses the cathode active material of claim 1. Liu discloses that the M2 (i.e. the claimed M3) represents a surface composition ([0036]) and that the surface refers to the final 0.2 µm of the particle ([0032]).
Regarding claim 8, Liu discloses the cathode active material of claim 1. Liu discloses the particles are generally spherical and thus characterized by a vector radius defined thereby ([0030]).
Regarding claim 9, Liu discloses the cathode active material of claim 8. Liu further discloses the Ni concentration is constant or partly/continuously decreases along the vector radius, the Mn concentration is constant or partly/continuously decreases or increases nearer the surface of the particle, and the Co concentration continuously increases along the vector radius ([0036]). Liu further discloses the cathode material is a Ni-rich ([0036]), which is generally interpreted as meaning it contains more than 50% by weight of Ni.
Regarding claim 11, Liu discloses the cathode active material of claim 8. Liu further discloses the Ni concentration is partly/continuously decreases along the vector radius, the Mn concentration is partly/continuously decreases or increases nearer the surface of the particle, and the Co concentration continuously increases along the vector radius ([0036]).
Regarding claims 12-13, Liu discloses the cathode active material of claim 1. Liu further discloses the cathode material may further include a dopant cation, T or T′, such that the overall formula may be expressed as Li1+β(NixMnyCozTδ)M1α(Nix′Mny′Coz′T′γ)M21−αO2, where T and T′ are an alkaline earth metal or a transition metal other than Ni, Mn, and Co, or a combination of any two or more thereof and 0≤δ≤0.1, 0≤γ≤0.1 ([0040]). As discussed above, the cathode material includes the spinel phase; therefore, the spinel phase also includes the dopant cation which is present throughout the particle.
Regarding claims 14-15, Liu discloses the cathode active material of claim 1. Liu further discloses the cathode material includes a coating layer over/around the particle. Examples thereof include metal oxides, metal fluorides, metal phosphates, conductive carbon coatings based on polymers, and a combination of any two or more thereof ([0041]).
Regarding claim 18, Liu discloses a cathode active material including a Ni-rich composition expressed as: Li1+β(NixMnyCoz)M1α(Nix′Mny′Coz′)M21−αO2; where: M1 represents a core composition comprising of Ni, Mn, and/or Co or a combination of at two of thereof; M2 represents a surface composition having at least 50% Co, and, optionally Ni and/or Mn; the structure of M2 may be a composite structure and includes a rock-salt or disordered rock-salt phase; 0.8≤α<1, 0.6≤x≤1, 0≤y≤0.4, 0≤z≤0.4, 0≤x′≤0.5, 0≤y′≤0.5, 0.5≤z′≤1, and −0.1≤β≤0.1 ([0036]). Liu further discloses the sum of x, y, and z will be about 1, and the sum of x′, y′, and z′ will be about 1 ([0028]). Liu discloses the core (M1 structure) has a layered structure (Fig. 9; [0018]).
As a result of the method of formation, wherein a precursor and a lithium salt or a sodium salt and heat treated ([0048]), the lithium or sodium is present in each of the M1 and M2 phases.
Liu further discloses that the M2 structure includes a spinel structure nearer a central portion of the particle ([0007], [0036]). As disclosed, the M2 structure having its disclosed composition contains a spinel structure. Therefore, it is considered that the spinel structure has a chemical composition that falls within the M2 chemical composition. Therefore, the M1 structure of Liu corresponds to the claimed M1 structure having a layered phase as the inner most core, the spinel structure of Liu corresponds to the claimed M2 structure having a spinel phase as the interlayer, and the M2 structure of Liu corresponds to the claimed M3 structure having a rock-salt or disordered rock-salt phase as the outer most layer (the x′, y′, and z′ of Liu correspond to the claimed x′′, y′′, and z′′).
Liu discloses the cathode material is produced by a process including: providing a first aqueous metal ion solution; providing a second aqueous metal ion solution; combining M1 and M2 and with a precipitating agent to form a precipitate; isolating the precipitate; mixing the precipitate with a lithium or sodium salt to form a mixture; and heating-treating the mixture ([0009]). Liu further discloses a solution is prepared for M1 and M2 ([0044]). When the spinel structure is included an aqueous metal ion solution is necessarily prepared as well.
Regarding claim 19, Liu discloses the method of claim 18. Liu further discloses the Ni concentration partly/continuously decreases along the vector radius, the Mn concentration partly/continuously decreases or increases nearer the surface of the particle, and the Co concentration continuously increases along a vector radius ([0036]).
Regarding claim 20, Liu discloses the method of claim 19. Liu further discloses the heat-treating includes sintering at about 680°C to about 1200°C in oxygen, air, or a combination thereof ([0048]).
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.
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 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US2021/0280863 A1 (“Liu”).
Regarding claim 7, Liu discloses the cathode active material of claim 1. As discussed above, Liu discloses the amount of manganese in the interlayer and the outer most layer is 0≤y′≤0.5 ([0036]). This is deemed to overlap the claimed range of about 60 mol% to about 90 mol% Mn. The Mn amount would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because the amount disclosed by Liu overlaps the amount as claimed. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Furthermore, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); and MPEP 2144.05.
Regarding claim 16, Liu discloses the cathode active material of claim 1. Liu discloses that in addition to the spinel structure, the M2 structure includes a layered structure nearer a central portion of the particle ([0007]). While Liu does not expressly disclose plural additional interlayers, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention provide additional interlayers, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0020943 A1 (“Natsui”).
Regarding claim 17, Natsui discloses a positive-electrode active material contains a lithium composite oxide, wherein the lithium composite oxide is a multiphase mixture including a first phase, of which a crystal structure belongs to a space group Fm-3m (a rock salt phase, analogous to M3 in the instant claims), and a second phase, of which a crystal structure belongs to a space group Fd-3m (a spinel phase, analogous to M2 in the instant claims) (Abstract).
Natsui discloses the lithium composite oxide has an average composition represented by LixMeyOαQβ, where 1.05≤x≤1.4; 0.6≤y≤0.95; 1.2≤α≤2; 0≤β≤0.8; Me may be one or two or more elements selected from the group consisting of Mn, Co, Ni, Fe, Cu, V, Ti, Cr, and Zn; Q may be one or two or more elements selected from the group consisting of F, Cl, N, and S ([0057]-[0061]).
Natsui discloses a β of 0.8 or less results in the prevention of an increase in the effects of electrochemically inactive Q and results in improved electronic conductivity which increases the capacity ([0070]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount β of Q including to zero to improve electronic conductivity and increases the capacity.
Selection of Mn, Co, and Mn amounts to choosing from amount a finite number of identified, predictable 3d transition metals Me disclosed by Natsui with a reasonable expectation of success.
The first phase and the second phase may have the same chemical composition. Alternatively, the first phase and the second phase do not necessarily have the same chemical composition ([0071]). In view of the rejection under 35 USC 112(b) above, the claimed compositions M2 and M3 would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention in view of the above teachings of Natsui.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0020943 A1 (“Natsui”) in view of US 2017/0179470 A1 (“Choi”).
Regarding claim 18, Natsui discloses a positive-electrode active material contains a lithium composite oxide, wherein the lithium composite oxide is a multiphase mixture including a first phase, of which a crystal structure belongs to a space group Fm-3m (a rock salt phase, analogous to M3 in the instant claims), and a second phase, of which a crystal structure belongs to a space group Fd-3m (a spinel phase, analogous to M2 in the instant claims) (Abstract).
Natsui discloses the lithium composite oxide has an average composition represented by LixMeyOαQβ, where 1.05≤x≤1.4; 0.6≤y≤0.95; 1.2≤α≤2; 0≤β≤0.8; Me may be one or two or more elements selected from the group consisting of Mn, Co, Ni, Fe, Cu, V, Ti, Cr, and Zn; Q may be one or two or more elements selected from the group consisting of F, Cl, N, and S ([0057]-[0061]).
Natsui discloses a β of 0.8 or less results in the prevention of an increase in the effects of electrochemically inactive Q and results in improved electronic conductivity which increases the capacity ([0070]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount β of Q including to zero to improve electronic conductivity and increases the capacity.
Selection of Mn, Co, and Mn amounts to choosing from amount a finite number of identified, predictable 3d transition metals Me disclosed by Natsui with a reasonable expectation of success.
The first phase and the second phase may have the same chemical composition. Alternatively, the first phase and the second phase do not necessarily have the same chemical composition ([0071]). In view of the rejection under 35 USC 112(b) above, the claimed compositions M2 and M3 would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention in view of the above teachings of Natsui.
Natsui discloses the raw materials for the Li and Me (containing individual raw materials for Mn, Co, and Ni) are mixed in a wet process ([0132]-[0137], [0142]). Examples of the raw materials include hydroxides (e.g. LiOH and Me(OH)2) ([0135]-[0137]).
Natsui does not expressly disclose the raw materials are provided in an aqueous solution, combining the aqueous metal ion solutions with a precipitating agent to form a precipitate, isolating the precipitate with a lithium or sodium salt to form a mixture and heat treating the mixture.
Choi discloses a composite positive electrode active material (Abstract). Choi further discloses it is known in the art to form positive active material via a co-precipitation method ([0087]). The method comprises mixing metal oxide precursors in water ([0097]), mixing the precursor mixture with a chelating agent and a pH-adjusting agent to form a precipitate, filtrating and thermally treating the precipitate ([0101], [0093]-[0095]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the co-precipitation process of Choi as this is a well-known method of producing positive electrode active materials and one would expect predictable results from using the method.
Regarding claim 19, modified Natsui discloses the method of claim 18. Given the co-precipitation of Choi and the phases having a different chemical composition of Natsui, the M2 and M3 are established in particles of the precipitate along a vector radius defined from the center of the particle to the surface; and a concentration gradient of Ni, Mn, and Co of M2 and M3 is established in particles of the precipitate along a vector radius defined from the center of the particle to the surface.
Regarding claim 20, modified Natsui discloses the method of claim 19. Choi further discloses the thermal treatment is performed under an oxidizing gas atmosphere, for example, in air or oxygen at about 750°C to about 1200°C ([0094]).
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0095804 A1 (“Park”) in view of US 2012/0080649 A1 (“Koenig, Jr.”).
Regarding claims 1 and 5, Park discloses a positive electrode active material particle having a bulk portion having a layered structure, an interlayer having a crystal structure of the Fd3M space group (i.e. spinel) as an interlayer, and an outer most layer having a crystal structure of the Fm3m space group (i.e. rock salt) (Abstract; Figure). The overall composition is represented by LiaNi1-b-c-dCobMncQdO2+δ, where Q is any one or more selected from the group consisting of Al, Mg, V, Ti, and Zr, and 1.0≤a≤1.2, 0<b≤0.4, 0<c≤0.3, 0≤d≤0.1, 0<b+c+d≤0.4, and −0.1≤δ≤1.0 ([0022]). Given the manufacturing method, see e.g. the examples, the composition appears constant across the particle.
Park does not expressly disclose the compositions as in claims 1 or 5.
Koenig, Jr. discloses a process for preparing transition metal particles with a gradient in composition from the core of the particle to the outer layers (Abstract). Koenig, Jr. discloses materials that have high Ni content have high capacities. However, materials with high Ni content suffer from poor cycle life and high interfacial cell impedance due to oxygen release and high concentrations of unstable Ni4+ ions. The Ni-rich materials are unable to meet the safety and calendar life requirements for lithium-ion batteries in automotive applications. Particles that are high in Mn, even when in combination with Ni, are more stable. In contrast, materials with high Mn content provide excellent cycle life and safety because they are much more stable when in contact with the battery electrolyte compared to Ni cathodes. Therefore, a particle that has a high Ni content in the interior portion for high capacity and has a high concentration of Mn at the outer layers for improved safety and stability may be suited for lithium-ion battery cathodes ([0062]). The claimed compositions would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because Koenig, Jr. teaches the concept of a core rich in Ni and outer layers rich in Mn to provide high capacity while improving safety and stability.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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