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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/1/2025 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 11/10/2025. Claims 1, 4-14, 16-20 are pending. Claims 12-14, 16-18 are withdrawn from further consideration as being drawn to a non-elected invention, in accordance with 37 CFR 1.142(b). Applicant’s arguments have been considered. Claims 1, 4-11, 19, 20 are non-finally rejected for stated herein below.
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.
Claims 1, 4-9, 11, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (Controlling Particle Size and Phase Purity of “Single-Crystal” LiNi0.5Mn0.5O4 in Molten-Salt-Assisted Synthesis, The Journal of Physical Chemistry C, 2020, 124, 27937-27945), as evidenced by the website of Malvern Panalytical https://www.malvernpanalytical.com/en/support/product-support/mastersizer-range, in view of Choi (US 2020/0083531).
Regarding claim 1, Wang discloses a lithium-nickel-manganese-based composite oxide material.
Regarding claim 1, wherein the volume median crystallite diameter dv50 of the crystal particles of the lithium-nickel-manganese-based composite oxide material ranges from 5 um to 15 um, Wang discloses dv50 is 16.8 um. See Abstract. Wang discloses the active material LNMO particle size may be tuned to better balance the need for cycle performance and power capability (page 27943). It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the particle size, and hence, the crystal size of Wang for the benefit of maximizing its cycle performance and power capability.
It is noted that the particle size of Wang was measured by Mastersizer 2000, which is the same instrument the Applicant used to measure the Dv50, Mastersizer 3000, the same instrument but a different model. Both the Mastersizer 2000 and the Mastersizer 3000 use the laser diffraction method to determine the particle size. See attached. Since the Applicants used the Mastersizer 3000 to determine the volume-based particle size, it is noted that the particle size of Wang is also a volume-based particle size. Since the particle of Wang is a single-crystal particle, it is noted that the Wang’s median crystallite diameter is the same as the median particle size. Hence, Wang’s median crystallite diameter is also volume-based.
Regarding claim 4, the lithium-nickel-manganese-based composite oxide material comprises lithium-nickel-manganese-based composite oxide with a space group P4332 and lithium-nickel-manganese-based composite oxide with a space group Fd-3m; and a percentage of the lithium-nickel-manganese-based composite oxide with the space group P4332 is greater than a percentage of the lithium-nickel-manganese-based composite oxide with the space group Fd-3m. See figure 4d and its corresponding text.
Regarding claim 5, a percentage by weight of the lithium-nickel-manganese-based composite oxide with the space group P4332 in the lithium-nickel-manganese-based composite oxide material is greater than 50%. See figure 4d and its corresponding text.
Regarding claim 6, the lithium-nickel-manganese-based composite oxide material comprises Mn3+, and a percentage of Mn3+ in the lithium-nickel-manganese-based composite oxide material is less than or equal to 5.5wt%, Wang discloses the LNMO can crystallize into two different phases with either cation-ordered (P4332) Ni/Mn arrangement or a disordered (Fd3m) one with oxygen deficiency (page 27938). To have maximum output energy density, the P4332 phase is preferred. Wang discloses in which LNMO samples were cooled at different rates S1 (cooling rate = 0.8 C/min), S2 (cooling rate = 2.5 C/min), S (cooling rate = ~10 C/min). Wang showed that there is more disordered phase when cooled at a fast cooling rate. When the LNMO was cooled slowly, there was more structure and less disorder, and smaller Mn3+/Mn4+, showing less amount of Mn3+ (page 27943). However, a small degree of Ni/Mn disordering (Fd3m phase) has been shown to enhance cycle performance and rate capability induing solid-solution behaviors during (de)lithiation (page 27943). It would have been obvious to one of ordinary skilled in the art at the time the invention was made to minimize the amount of disorder phase, and hence minimize Mn3+, for the benefit of maximizing output energy.
Regarding claim 7, a specific surface area of the lithium-nickel-manganese-based composite oxide material is less than 1 m2/g, Wang discloses a small surface area is preferred for LNMO because small surface area LNMO particles and fracture-resistant (i.e., no surface area increase) single-crystal LMO particles can enable stable cycle performance (page 27938). It would have been obvious to one of ordinary skilled in the art at the time the invention was made to minimize the surface area of Wang for the benefit of being less susceptible to fracture during cycle performance.
Regarding claim 8, a tap density of the lithium-nickel-manganese-based composite oxide material is greater than or equal to 1.9 g/cm3 (page 27940).
Regarding claim 9, the lithium-nickel-manganese-based composite oxide material comprises lithium-nickel-manganese-based composite oxide particles whose surfaces are at least partially provided with a coating layer. Wang discloses that the cycle performance may be further improved by coating strategies (page 27943).
Regarding claim 11, Wang discloses a general formula of the lithium-nickel-manganese-based composite oxide material is Formula I:
LiaNio.s-xMn1s-yMx+yO4-2Xz Formula I
wherein in Formula I, an element M is selected from Ti, Zr, W, Nb, Al, Mg, P, Mo, V, Cr, Zn, or a combination thereof,
in Formula I, an element X is selected from F, Cl, I, or a combination thereof:
in Formula I, 0.9 <a<1.1, -0.2<x<0.2, -0.2<y<0.3, and 0<z<1.
Regarding claim 1, Wang does not disclose wherein Dv50 > dv50. Wang discloses that the volume median crystallite diameter is the lithium-nickel-manganese-based composite oxide material because the entire lithium-nickel-manganese-based composite oxide material comprises the entire crystal particle, and hence K = 1. Choi teaches a positive active material comprising lithium transition metal oxide that reduces the possibility of a side reaction occurring between an electrolyte solution and the interface and surface of a positive electrode active material, thereby improving the high-temperature stability of the positive electrode active material and reduce gas generation caused by a positive electrode active material by reducing the specific surface area and grain boundary of the secondary particle [0041]. Choi teaches primary particles having a single crystal structure forming a secondary particle to reduce the specific surface area and grain boundary of the secondary particle [0042]. Secondary particles having different grain boundary densities may have different physical and chemical characteristics. The physical characteristics which may be dependent on a grain boundary density include a difference in specific surface area of the secondary particle before/after pressing, and the chemical characteristic may be, for example, a difference in proportion of side reactions between the surface and/or interface of secondary particles and an electrolyte solution [0052]. The average particle diameter of the lithium-based composite oxide primary particle having a single crystal structure may be 0.01 to 20 μm. Since the average particle diameter of the lithium-based composite oxide primary particle having a single crystal structure ranges from 0.01 to 20 μm, the optimal density of a positive electrode prepared using the positive electrode active material may be realized [0056]. In addition, the average particle diameter of the secondary particle may vary according to the number of aggregated primary particles, and may be 0.01 to 50 μm [0057]. It is noted that Choi’s K value is greater than 1.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the particles of Wang as secondary particles, as taught by Choi, for the benefit of protecting the particle boundaries from exposure to electrolyte solution, as well as to reduce the specific surface area.
Regarding claim 1, wherein the volume media particle diameter Dv50 of the lithium-nickel-manganese-based composite oxide material ranges from 9 um to 20 um, Choi teaches the average particle diameter of the secondary particle may vary according to the number of aggregated primary particles, and may be 0.01 to 50 μm [0057]. Secondary particles having different grain boundary densities may have different physical and chemical characteristics. The physical characteristics which may be dependent on a grain boundary density include a difference in specific surface area of the secondary particle before/after pressing, and the chemical characteristic may be, for example, a difference in proportion of side reactions between the surface and/or interface of secondary particles and an electrolyte solution [0052].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the secondary particle size by adjusting the number of primary particles of Wang, as taught by Choi, for the benefit of stabilizing the secondary particles against thermal instability and degradation from electrolyte solution.
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.
Regarding claim 1, Wang does not disclose wherein a K value of the lithium-nickel-manganese-based composite oxide material ranges from 1 to 2, and the K value is calculated through the following formula:
K = Dv50/dv50
wherein dv50 is a volume median crystallite diameter of crystal particles of the lithium-nickel-manganese-based composite oxide material; and Dv50 is a volume median particle diameter of the lithium-nickel-manganese-based composite oxide material;
Choi teaches that the assembly of secondary particles includes a first aggregate including 1 or 2 primary particles, a second aggregate including 3 to 6 primary particles, and a third aggregate including 7 to 10 primary particles, and the proportions of the first aggregate, the second aggregate and the third aggregate are adjusted in consideration of the average specific surface area, grain boundary and lithium ion diffusion pathways of the positive electrode active material, thereby improving the stability and electrical characteristics of the positive electrode active material [0077]. For example, in the positive electrode active materials according to various exemplary embodiments of the present invention, a lattice structure may be stabilized by balancing grain boundary densities according to the proportions of the first aggregate, the second aggregate and the third aggregate. Particularly, the thermal stability of a positive electrode active material may be improved by preventing the collapse of the lattice structure of a positive electrode active material under a relatively high temperature condition [0078].
It is noted that a secondary particle comprising a plurality of single crystal particles yields a K value of greater than 1.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the K value, by adjusting the primary particle size, as well as the secondary particle size by adjusting the number of primary particles of Wang, as taught by Choi, for the benefit of stabilizing the secondary particles against thermal instability and degradation from electrolyte solution.
Regarding claim 19, Wang teaches a secondary battery, comprising a positive electrode plate, wherein the positive electrode plate comprises a positive electrode active material, and the positive electrode active material comprises the lithium-nickel-manganese-based composite oxide material according to claim 1.
Regarding claim 20, an electric apparatus, comprising the secondary battery according to claim 19, it would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the battery of Wang in an electric apparatus for the benefit of providing power to the electric apparatus.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (Controlling Particle Size and Phase Purity of “Single-Crystal” LiNi0.5Mn0.5O4 in Molten-Salt-Assisted Synthesis, The Journal of Physical Chemistry C, 2020, 124, 27937-27945), as evidenced by the website of Malvern Panalytical <https://www.malvernpanalytical.com/en/support/product-support/mastersizer-range> in view of Choi (US 2020/0083531) as applied to claim 1, in view of Hozumi (US 2018/0069243).
Regarding claim 10, Wang does not disclose having one or more of the following characteristics:
(1) the lithium fast-ion conductor is selected from oxide-based, phosphate-based, borate-based, sulfide-based, and LiPON-based inorganic materials with lithium ion conductivity;
(2) the lithium fast-ion conductor comprises one or more of the following elements: phosphorus, titanium, zirconium, boron, and lithium; and
(3) the lithium fast-ion conductor is selected from Li2BO3, Li3PO4, or a combination thereof.
Hozumi teaches a lithium transition metal oxide with a spinel structure having acoating comprising a Li ion conductive oxide [0015]. The coating inhibits the contact of the cathode active material with electrolyte and inhibit the both from reaction [0046]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to coat the particles of Wang, as taught by Hozumi, for the benefit of protecting the active material particle from electrolyte dissolution.
Response to Arguments
Arguments dated 11/10/2025 are moot in view of the new grounds of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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