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 .
The Applicant’s amendment filed on 6/10/2026 was received. Claim 1 was amended. Claim 2 was cancelled. Claims 4, 5 were withdrawn.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office action issued on 3/11/2026.
Claim Rejections - 35 USC § 112
The claim rejections under 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(or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention on claims 1-3 are withdrawn because Applicant amended independent claim 1.
Claim Rejections - 35 USC § 102
The claim rejection under 35 U.S.C. 102(a)(1) as being anticipated by Sugiyama (US 20210119199 A1) on claim 1 is withdrawn because Applicant amended independent claim 1.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dolle et al. (Layered Manganese Oxide Intergrowth Electrodes for Rechargeable Lithium Batteries. 1. Substitution with Co or Ni, Mickael Dolle, Sebastien Patoux, and Marca M. Doeff, Chem. Mater. 2005, 17, 1036-1043).
Regarding to claim 1: Dolle et al. disclose lithium manganese oxides substituted with nickel or cobalt for lithium cell configurations (abstract). One example of the composition of the lithium manganese oxides is Li0.73Na0.05Ni0.19Mn0.81O2+z (table 2), wherein Z ≤ 0.05 (pg. 1039) (Li0.73Na0.05Ni0.19Mn0.81O2 is equivalent to a=0.73, b=0.05, x=0.81, y=0.19, z=0 in the instant claim 1). After an ion-exchange process, the lithium manganese oxides have O2 structure (fig. 7), and the sodium ion could be segregated into different layers (pg. 1041) (equivalent to Na presented in layer form). Dolle et al. are silent as to the HAADF-STEM image and the Na composition mapping corresponding to the HAADF-STEM image. However, it is the position of the examiner that other property of said material, Na presented in layer form in the HAADF-STEM image and in the Na composition mapping corresponding to the HAADF-STEM image, is inherent, given that the manufacturing process (including using LiBr for the ion-exchange process (pg. 1037)), and the composition of the positive electrode active material disclosed by Dolle and the present application are similar. A reference which is silent about a claimed invention’s features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. Inherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
Regarding to claim 3: Dolle et al. disclose a lithium-ion secondary battery, comprising a positive electrode, an electrolyte layer, and an anode (equivalent to a negative electrode), wherein the positive electrode comprises the lithium manganese oxides according to claim 1 (pg. 1037).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakurai et al. (JPH 11317226 (A)). The English translation of the JPH 11317226 (A) is attached.
Regarding to claim 1: Sakurai et al. disclose a positive electrode active material for lithium secondary batteries (par. 1). The examples of the composition of the positive electrode active material are shown in Table 3 & 4. Na0.1Li0.9Cr0.08Mn0.92O2 in Example 3 is equivalent to a=0.9, b=0.1, x=0.92,y=0, z=0.08, x+y+z=1 in the instant claim 1. The positive electrode active material is obtained by adding Li bromide solution into a sodium oxide precursor (par. 11). Sakurai et al. are silent as to the positive electrode active material having an O2 structure, and the positive electrode active material has Na present in layer form in a HAADF-STEM image and in a Na composition mapping corresponding to the HAADF-STEM image. However, it is the position of the examiner that other properties of said materials, such as O2 structure, Na presented in layer form in the HAADF-STEM image and in the Na composition mapping corresponding to the HAADF-STEM image, are inherent, given that the manufacturing process (including using LiBr for the ion-exchange process (par. 11, 13)), and the composition of the positive electrode active material disclosed by Sakurai and the present application are similar. A reference which is silent about a claimed invention’s features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. Inherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
Claim Rejections - 35 USC § 103
The claims rejection under 35 U.S.C. 103 as obvious over Zheng et al. (CN 114447309 A) in view of Saito (JP WO 2015115025 A1) on claims 1-3 are withdrawn because Applicant’s argument is persuasive. The claims rejection under 35 U.S.C. 103 as obvious over Saito (JP WO 2015115025 A1) in view of Zheng et al. (CN 114447309 A) on claims 1-3 are withdrawn because Applicant’s argument is persuasive.
Claim 1 is rejected under 35 U.S.C 103 as obvious over Sugiyama (US 20210119199 A1).
Regarding to claim 1: Sugiyama discloses a method of producing a cathode active material (abstract). The cathode active material (equivalent to a positive electrode active material) has a multi-phase of the O2 structure and the O3 structure (par. 23), wherein the cathode active material has a composition represented by LibNacMnpNiqCorO2, wherein 0<b+c≤1; p+q+r=1, and 3≤4p+2q+3r≤3.5. The composition of Sugiyama can be Li0.8Na0.2Mn0.5Ni0.25Co0.25O2, b=0.8, c=0.2, p=0.5, q=0.25, r=0.25, b+c=1, p+q+r=1, and 4p+2q+3r=3.25 ( Li0.8Na0.2Mn0.5Ni0.25Co0.25O2 is equivalent to the composition of the instant claim 2 when a=0.8, b=0.2, x=0.5, y=0.25, z=0.25, x+y+z=1). 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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP §2144.05(I).
Sugiyama is silent as to Na presented in the HAADF-STEM image and in the Na composition mapping corresponding to the HAADF-STEM image. However, it is the position of the examiner that other property of said material, Na presented in layer form in the HAADF-STEM image and in the Na composition mapping corresponding to the HAADF-STEM image, is inherent, given that the manufacturing process (including using LiI for the ion-exchange process (par. 11-12) and approximately 0.26 of the mass ratio (A/B) of LiI (A) to LiNO3 (B) based on the molar ratio provided in Example 1 (par. 80)), and the composition of the positive electrode active material disclosed by Sugiyama and the present application are similar. A reference which is silent about a claimed invention’s features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. Inherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
Response to Amendment
Applicant’s arguments filed on 04/02/2026 have been fully considered but they are not persuasive. Applicant primarily argues:
Sugiyama fail to inherently or explicitly disclose "the positive electrode active material has Na present in layer form." Sugiyama discloses O2 and O3 phases present in layered form, not "Na present in layer form”. Comparative Example 2 of the present Specification is similar to Example 1 of Sugiyama, both using an ion exchange temperature of 280 °C.
Sugiyama fails to disclose the composition recited in amended claim 1.
The skilled person would lack a reasonable expectation of success in modifying the embodiments of Zheng to have the O2 crystal structure of Saito.
Saito does not inherently have the claimed "Na present in layer form."
The skilled person would lack a reasonable expectation of success in applying the
teachings of Zheng to the embodiments of Saito.
In response:
Applicant’s arguments are not persuasive. The instant specification teaches three manufacturing conditions for Na to remain in a layer form in par. 61. As long as one of the conditions is met, the Na layer form should remain in O2 structure. Sugiyama discloses LiI is used for ion exchange and the mass ratio (A/B) is greater than 0.25. Therefore, Na layer form is inherently in O2 structure.
Applicant’s arguments are not persuasive. Please see the paragraph 7 above for one example of Sugiyama’s composition.
Applicant’s arguments are persuasive.
Applicant’s arguments are moot because Saito’s composition does not meet the amended claim 1.
Applicant’s arguments are persuasive.
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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/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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