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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 04/18/2023 and 10/11/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings received on 04/18/2023 were reviewed and are acceptable.
Specification
The specification filed on 04/18/2023 was reviewed and is acceptable.
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.
Claim(s) 1-27 is/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.
The term “rich” in claim 1 is a relative term which renders the claim indefinite. The term “rich” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, the recited limitation “a fluorine rich atmosphere” is considered indefinite.
Claim 8 recites the limitation “said reduced metal ion”. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “said heating”. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitations “said non-oxidizing atmosphere” and “said heating”. There is insufficient antecedent basis for these limitations in the claim.
Claim 11 recites the limitation “said non-oxidizing atmosphere”. There is insufficient antecedent basis for this limitation in the claim.
Claims 14-16 recite the limitations “said metal compound”. There is insufficient antecedent basis for these limitations in the claims.
Claim 23 recites the limitations “said heating” and “said reaction”. There is insufficient antecedent basis for these limitations in the claim.
Claim 27 recites the limitation “said active material”. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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.
Claim(s) 9-11 and 21-22 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.
Claims 9-11 recites the limitations “conducted in a non-oxidizing atmosphere” or “said non-oxidizing atmosphere” which fails to further limit the subject matter of parent claim 1 because claim 1 recites “a fluorine rich atmosphere” which is inherently oxidizing.
Claim 21 recites the limitation “said metal compound is a metal oxide or a metal phosphate” which fails to limit the subject matter of parent claim 16 because claim 16 recites that the “metal compound is V2O5”, and thus broadens the subject matter of the claim upon which is depends.
Claim 22 recites the limitation “said metal compound is V2O5” which fails to limit the subject matter of parent claim 16 because claim 16 recites that the “metal compound is V2O5”, and thus the same limitation, thereby failing to further limit the subject matter of the claim upon which is depends.
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
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.
(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.
Claim(s) 1, 3, 5, 7, 10-11, 13-17, 19-22, and 25-27 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tolbert et al. (US 2022/0209224 A1; hereinafter “Tolbert”).
Regarding claim 1, Tolbert discloses a method of making a lithium mixed metal compound (LiVPO4F (LVPF), [0012]; Title/Abstract) by reaction of starting materials (via “simple precursors”, [0037]), the method comprising reacting starting materials to form the lithium mixed metal compound (see e.g. §3.1 Synthesis, [0064-0065]), the reacting occurring in the presence of a fluorine rich atmosphere (see [0037] which describes that the presence of PTFE creates a fluorine rich environment).
Regarding claim 3, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that the starting materials comprise vanadium oxide (V2O5, [0042]), phosphate (NH4H2PO4, [0042]), and a carbon source (H2C2O4, [0042]).
Regarding claim 5, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses the carbon source (H2C2O4, [0042]) is present in an amount sufficient to reduce the oxidation state of at least one metal ion (vanadium ion, [0042]) of the starting materials without full reduction to an elemental state (see [0042] which describes that oxalic acid reduces V5+ to V4+).
Regarding claim 7, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that the carbon source comprises an organic material (H2C2O4, [0042]).
Regarding claim 10, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that said non-oxidizing atmosphere comprises argon gas (Ar, [0065]).
Regarding claim 11, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that said non-oxidizing atmosphere is a vacuum (via vacuum oven, [0065]).
Regarding claims 13-16 and 21-22, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that the starting materials include a metal compound having V, specifically a metal oxide, specifically V2O5 (V2O5, [0042]).
Regarding claim 17, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that the reacting comprises heating said starting materials at a temperature sufficient to form a single-phase reaction product comprising lithium, a reduced metal ion, and a phosphate group (see [0065] which describes calcining ay 700° C to obtain c-nLVPF, and [0045] which describes the single-phase crystal structure of c-nLVPF).
Regarding claim 19, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that said starting materials include a second metal compound (LiF, [0042]) having a second metal ion (lithium ion) which is not reduced and which forms a part of said reaction product (see [0042] which describes the synthesis route for LVPF, and which does not show any lithium reduction).
Regarding claim 20, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that said starting materials include a phosphate compound, specifically ammonium dihydrogen phosphate (2NH4H2PO4, [0042]).
Regarding claim 25, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that the reacting is a second stage of a two-stage process (see [0043] which describes the synthesis of PMMA colloids, which are then used as templates to form the c-nLVPF).
Regarding claims 26 and 27, Tolbert discloses all of the claim limitations as set forth above.
Tolbert further discloses that the lithium mixed metal compound/active material is LiVPO4F (LVPF) ([0012]), and which falls within the recited formula where y=0, z=1, M is V, and X is a halogen F.
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.
Claim(s) 2, 6, and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tolbert et al. (US 2022/0209224 A1; hereinafter “Tolbert”), as applied to claims 1 or 5 above, in view of David et al. (US 2019/0393492 A1; hereinafter “David”).
Regarding claim 2, Tolbert discloses all of the claim limitations as set forth above.
Tolbert discloses that the starting materials comprise a lithium halide (LiF, [0042]), but does not disclose the starting materials comprise vanadium phosphate.
David teaches a process for preparing a vanadium phosphate carbon composite material (Title). David teaches that in the prior art, the carbothermic reduction of V2O5 in the presence of NH4H2PO4 and acetylene black under argon is known, but that NH4H2PO4 releases nitrous oxide, which deteriorates the walls of the apparatus/reactors used, and releases other harmful gases such as ammonia ([0006-0008]). Accordingly, David teaches a method for producing a composite material based on vanadium and carbon which is simple and inexpensive, and avoids the release of harmful gases ([0008]). David teaches specifically producing LiVPO4F/C using VPO4 and LiF ([0144]).
Tolbert and David are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely the production of LiVPO4F.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize the inventive process of David to produce VPO4 for the production of the LiVPO4F of Tolbert, with the reasonable expectation that doing so would be simple and inexpensive, while avoiding the release of harmful gases, as suggested by David. Accordingly, the skilled artisan would find it obvious that the starting materials comprise vanadium phosphate (David: VPO4, [0144]).
Regarding claim 6, Tolbert discloses all of the claim limitations as set forth above.
Tolbert discloses a carbon source of oxalic acid ([0042]), and thus does not disclose that the carbon source comprises elemental carbon.
David teaches a process for preparing a vanadium phosphate carbon composite material (Title). David teaches that in the prior art, the carbothermic reduction of V2O5 in the presence of NH4H2PO4 and acetylene black under argon is known ([0006]).
Tolbert and David are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely the production of LiVPO4F.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that acetylene black may be used as the carbon source in the production of LiVPO4F, as explicitly suggested as well known by David, and because doing so would amount to nothing more than to use a known component for its intended use in a known environment to accomplish an entirely predictable result.
Regarding claim 8, modified Tolbert discloses all of the claim limitations as set forth above.
Modified Tolbert further discloses heating the starting materials at a temperature sufficient to form a reaction product comprising lithium and said reduced metal ion (Tolbert: see [0065] which describes heating to 700° C for 2 hr under Ar to produce the final product c-nLVPF).
Regarding claim 9, modified Tolbert discloses all of the claim limitations as set forth above.
Modified Tolbert further discloses that said heating is conducted in a non-oxidizing atmosphere (Tolbert: under Ar, an inert gas, [0065]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tolbert et al. (US 2022/0209224 A1; hereinafter “Tolbert”), as applied to claim 1 above, as evidenced by Sigma Aldrich (Vanadium oxide SDS, product no. 223794; and Oxalic acid SDS, product no. 194131).
Regarding claim 4, Tolbert discloses all of the claim limitations as set forth above.
Tolbert discloses that the starting materials are purchased from Sigma Aldrich and first dissolved in water ([0065]), but does not explicitly disclose that the starting materials are mixed in particulate form.
Sigma Aldrich evidences that vanadium oxide and oxalic acid are purchased in powder or crystallite form (see attached SDSs for vanadium oxide and oxalic acid).
Tolbert is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely the production of LiVPO4F.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the starting materials of Tolbert are mixed in particle, i.e. powder, form, as evidenced by Sigma Aldrich.
Claim(s) 12, 18, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tolbert et al. (US 2022/0209224 A1; hereinafter “Tolbert”), as applied to claims 1 or 16 above, in view of Barker et al. (US 2004/0126300 A1; hereinafter “Barker”).
Regarding claim 12, Tolbert discloses all of the claim limitations as set forth above.
Tolbert discloses that the starting materials comprise a lithium compound (LiF, [0042]), and therefore does not disclose that the lithium compound is lithium carbonate.
Barker teaches methods for making lithium metal cathode active materials (Title). Barker teaches that the cathode active material is generally LiMPO4F ([0011]), and gives an example of V2O5 as the metal compound, i.e. the M component ([0048]). Barker teaches that the lithium compound may be lithium carbonate or lithium fluoride ([0050]).
Tolbert and Barker analogous prior art to the current invention because they are concerned with the same field of endeavor, namely the production of LiVPO4F.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize lithium carbonate as the lithium compound for the method of Tolbert, as doing so would amount to nothing more than to use a known component for its intended use in a known environment to accomplish an entirely predictable result. Accordingly, the skilled artisan would find it obvious the starting materials comprise a lithium compound of lithium carbonate (Barker: lithium carbonate, [0050]).
Regarding claim 18, Tolbert discloses all of the claim limitations as set forth above.
Tolbert discloses that the starting materials comprise a metal compound (V2O5, [0042]) and a lithium compound (LiF, [0042]), and therefore does not disclose that the lithium compound is lithium carbonate.
Tolbert further discloses carbon (H2C2O4, [0042]) present in an amount sufficient to reduce the oxidation state of at least one metal ion (vanadium ion, [0042]) of the starting materials without full reduction to an elemental state (see [0042] which describes that oxalic acid reduces V5+ to V4+); and heating said starting materials at a temperature sufficient to form a single-phase reaction product (see [0065] which describes calcining ay 700° C to obtain c-nLVPF, and [0045] which describes the single-phase crystal structure of c-nLVPF).
Barker teaches methods for making lithium metal cathode active materials (Title). Barker teaches that the cathode active material is generally LiMPO4F ([0011]), and gives an example of V2O5 as the metal compound, i.e. the M component ([0048]). Barker teaches that the lithium compound may be lithium carbonate or lithium fluoride ([0050]).
Tolbert and Barker analogous prior art to the current invention because they are concerned with the same field of endeavor, namely the production of LiVPO4F.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize lithium carbonate as the lithium compound for the method of Tolbert, as doing so would amount to nothing more than to use a known component for its intended use in a known environment to accomplish an entirely predictable result. Accordingly, the skilled artisan would find it obvious the starting materials comprise a lithium compound of lithium carbonate (Barker: lithium carbonate, [0050]).
Regarding claims 23 and 24, Tolbert discloses all of the claim limitations as set forth above.
Tolbert discloses that said heating is conducted at an elevated temperature of between about 400° C and about 1200° C (700° C, [0065]), and then maintaining said elevated temperature until said reaction product is formed ([0065]), specifically for between several minutes to several hours (2 hrs, [0065]). However, Tolbert does not explicitly disclose a ramp rate of up to about 10° C/min.
Barker teaches methods for making lithium metal cathode active materials (Title). Barker teaches that the cathode active material is generally LiMPO4F ([0011]), and gives an example of V2O5 as the metal compound, i.e. the M component ([0048]). Barker teaches that the final heating process may be conducted with a ramp rate between about 1° C/min to about 10° C/min ([0044]).
Tolbert and Barker analogous prior art to the current invention because they are concerned with the same field of endeavor, namely the production of LiVPO4F.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize a ramp rate between about 1° C/min to about 10° C/min in the final heating step of Tolbert, as doing so would amount to nothing more than to use a known method for its intended use in a known environment to accomplish an entirely predictable result. It would have been further obvious to the skilled artisan to routinely select the overlapping portions of the disclosed ranges (1 to 10° C/min significantly overlaps with about 10° C/min) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Araki et al. (US 2021/0257610 A1) discloses lithium ion secondary batteries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M ERWIN whose telephone number is (571)272-3101. The examiner can normally be reached Monday-Friday: 6am-3pm PDT.
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/JAMES M ERWIN/Primary Examiner, Art Unit 1725 12/07/2025