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 .
Response to Arguments
Applicant’s reply received 4/1/2026 addresses the Non Final Rejection mailed 1/5/2026. Examiner agrees the claimed diameter range is not disclosed by the prior art (Lu in view of Lee).
Applicant’s reply received 8/3/2026 includes further amending the claims to clarify the scope of the invention. Examiner’s search and consideration has been conducted using these claims.
Examiner agrees the claimed diameter range is not disclosed by Lu and/or Lee. After an updated search and consideration of the amended claims, the claimed invention remains obvious, but over new prior art. See updated action below.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing
to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the positive electrode active material layer includes a layered metal oxide” on line 5, and then recites “a first particle of the positive electrode active material” and “a second particle of the positive electrode active material” on lines 8-9 of the claim.
The claim sets forth a positive electrode active material layer comprising three separate active materials (i.e., a layered metal oxide, a first particle, and a second particle), which is not supported by the instant specification. The instant specification teaches only two materials: the first particle and second particle, wherein the first and second particle each include the same layered metal oxide composition (see pages 3-6 of the instant specification). All working Examples on pages 9-12 disclose the first particle and second particle are made of the same layered metal oxide (LiNi0.85Co0.1Mn0.5O2), and the only difference between the two particles are their crystallite diameters (see Table 1).
For the purpose of this action, the claim will be examined as requiring the first and second particles to each comprise the claimed layered metal oxide.
Claims 2-5 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim 6 recites “the positive electrode active material layer includes a layered metal oxide” on line 5, and then recites “a first positive electrode active material” and “a second positive electrode active material” on lines 12-14 of the claim.
The claim sets forth a positive electrode active material layer comprising three separate active materials (i.e., a layered metal oxide, a first active material, and a second active material), which is not supported by the instant specification. The instant specification teaches only two materials: the first active material and the second active material, wherein the first and second active materials each include the same layered metal oxide composition (see pages 3-6 of the instant specification). All working Examples on pages 9-12 disclose the first and second active material are made of the same layered metal oxide (LiNi0.85Co0.1Mn0.5O2), and the only difference between the two materials are their crystallite diameters (see Table 1).
For the purpose of this action, the claim will be examined as requiring the first and second active materials to each comprise the claimed layered metal oxide.
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 1-6 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.
Claim 1 recites “the positive electrode active material layer includes a layered metal oxide, a ratio of nickel to metallic elements except lithium in the layered metal oxide is 70 mol % or more.” Although the composition of the layered metal oxide is further defined by the formula of Claim 2, the composition set forth by Claim 1 is not clearly defined. Claim 1 requires “a ratio of nickel to metallic elements except lithium in the layered metal oxide is 70 mol % or more,” which implies the layered metal oxide comprises nickel, but the limitation “metallic elements except lithium” is not clear. Does the layered metal oxide comprise or exclude lithium in its composition? The layered metal oxide formula in Claim 2 appears to require lithium (Claim 2 formula: Li1-aNixMe1-xO2 , -0.3≤a≤0.3). Claim 1 also recites “metallic elements,” but the formula of Claim 2 can be satisfied by having nickel, lithium, and only one additional metallic element (see “Me” in Li1-aNixMe1-xO2). Further clarification is requested.
For the purpose of this action, the layered metal oxide of Claim 1 will be examined as “a layered metal oxide comprising lithium, nickel, and at least one metallic element, a ratio of nickel to the at least one metallic element in the layered metal oxide is 70 mol % or more.”
Claims 2-5 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim 6 recites “the positive electrode active material layer includes a layered metal oxide, a ratio of nickel to metallic elements except lithium in the layered metal oxide is 70 mol % or more.” The composition of the layered metal oxide is not clearly defined. The claim implies the layered metal oxide comprises nickel, but the limitation “metallic elements except lithium” is not clear. Does the layered metal oxide comprise or exclude lithium in its composition? Further clarification is requested.
For the purpose of this action, the layered metal oxide of Claim 6 will be examined as “a layered metal oxide comprising lithium, nickel, and at least one metallic element, a ratio of nickel to the at least one metallic element in the layered metal oxide is 70 mol % or more.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior
Office action.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 20190036154 A1, and further in view of Pullen et al., US 20190140276 A1.
Regarding Claim 1, Kim discloses a positive electrode (100 [0016], Fig. 1) comprising:
a positive electrode active material layer (first positive electrode mixture layer 21 and second positive electrode mixture layer 22 [0016], Fig. 1); and
a positive electrode base material (a positive electrode current collector 10 [0016], Fig. 1),
wherein the positive electrode active material layer includes a positive electrode active material, the positive electrode active material includes a layered metal oxide (layer 21 and 22 each comprise a lithium transition metal oxide LiaNi1-x-yCoxMnyMzO2, see Formula 1 in [0018-0021] and Examples 1-3),
and a first particle of the positive electrode active material has a diameter that is greater than a second particle of the positive electrode active material, wherein the first particle is closer to the positive electrode base material than the second particle (in the first positive electrode mixture layer 21 adjacent to the positive electrode current collector 10, a first positive electrode active material having a relatively large particle diameter is included, and in the second positive electrode mixture layer 22 disposed in an upper layer portion of the electrode, a second positive electrode active material having a relatively small particle diameter is included [0021-0025]; the particle diameter of the second positive electrode active material satisfies 5 to 80% of the particle diameter of the first positive electrode active material [0022]).
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Kim – Fig. 1
Kim does not disclose a ratio of nickel to metallic elements except lithium in the layered metal oxide is 70 mol % or more, and also does not disclose the first particle has a crystallite diameter that is 200 Å to 500 Å greater than the second particle. However, these limitations are taught by Pullen et al.
Pullen teaches a layered metal oxide as a positive electrode active material, wherein the active material has large and small crystallite sizes ([0021-0026, 0076-0076] and Table 1; Example 1: Li0.98Mg0.02Ni0.881Co0.115Al0.004O2 with crystallite sizes of 87 nm and 65 nm, equivalent to 870 Å and 650 Å, a difference of 220 Å). Pullen teaches in order to have an active material with high discharge capacity and capacity retention, the material should have a “high nickel formulation” with Ni at an amount greater than or equal to 75 at % ([0020-0032, 0080, 0143-0154]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to use the high nickel positive electrode active material of Pullen (Li0.98Mg0.02Ni0.881Co0.115Al0.004O2 with crystallite sizes of 87 nm and 65 nm) as the positive electrode active material of Kim, in order to increase discharge capacity and retention. Additionally, one would have a reasonable expectation of success in doing so, as Pullen’s active material overlaps with Kim’s preferred elements in an active material, and meets Kim’s critical requirement of having a particle diameter in the upper layer be 5% to 80% of a particle diameter in the layer in contact with the current collector (see Kim, [0018-0022]).
Regarding Claim 2, modified Kim discloses all limitations as set forth above. Modified Kim discloses the layered metal oxide is represented by the claimed Formula 1 (Pullen, Li0.98Mg0.02Ni0.881Co0.115Al0.004O2 meets claimed ranges of Formula 1: a=0.02, x=0.881, Me=Mg, Co, and Al).
Regarding Claim 3, modified Kim discloses all limitations as set forth above. Modified Kim discloses the positive electrode active material layer includes a first positive electrode active material layer (Kim, 21) and a second positive electrode active material layer (Kim, 22), and the first positive electrode active material layer is positioned close to the positive electrode base material (Kim, 10) as compared to the second positive electrode active material layer (Kim, [0016], Fig. 1).
Regarding Claim 4, modified Kim discloses all limitations as set forth above. Modified Kim discloses a thickness of the second positive electrode active material layer is defined as T2, a thickness of the first positive electrode active material layer is defined as T1, and a ratio of T1 to T2 (T1/T2) is from 0.33 to 3.0 (Kim, thickness ratio of 21 to 22 may be 1:1 to 1:8 [0051], Example 1 ratio is 1:1 [0075]).
Regarding Claim 5, modified Kim discloses all limitations as set forth above. Modified Kim discloses a battery comprising the positive electrode according to claim 1 (Kim, [0056-0057]; Examples 1-3 [0080-0082]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 20190036154 A1, and further in view of Pullen et al., US 20190140276 A1.
Regarding Claim 6, Kim discloses a positive electrode (100 [0016], Fig. 1) comprising:
a positive electrode active material layer (positive electrode mixture layers 21 and 22, Fig. 1); and
a positive electrode base material (a positive electrode current collector 10 [0016], Fig. 1),
wherein the positive electrode active material layer includes a positive electrode active material, the positive electrode active material includes a layered metal oxide (layer 21 and 22 each comprise a lithium transition metal oxide LiaNi1-x-yCoxMnyMzO2, see Formula 1 in [0018-0021] and Examples 1-3),
the positive electrode active material layer includes a first positive electrode active material layer (Kim, 22) and a second positive electrode active material layer (Kim, 21), and the second positive electrode active material layer is positioned close to the positive electrode base material (Kim, 10) as compared to the second positive electrode active material layer ([0016-0025], see Fig. 1 in Claim 1),
a second positive electrode active material included by the second positive electrode active material layer has a diameter greater than a first positive electrode active material included by the first positive electrode active material layer (average particle diameter of the active material in the upper layer is 5% to 80% of the average particle diameter of the active material in the layer deposited on the current collector [0016-0022]),
the second positive electrode active material layer does not include the first positive electrode active material, and the first positive electrode active material layer does not include the second positive electrode active material (see preparation of positive electrode mixture layers in Examples 1-3 [0073-0077]).
Kim does not disclose a ratio of nickel to metallic elements except lithium in the layered metal oxide is 70 mol % or more, and also does not disclose the second positive electrode active material has a crystallite diameter that is 200 Å to 500 Å greater than the first positive electrode active material. However, these limitations are taught by Pullen et al.
Pullen teaches a layered metal oxide as a positive electrode active material, wherein the active material has large and small crystallite sizes ([0021-0026, 0076-0076] and Table 1; Example 1: Li0.98Mg0.02Ni0.881Co0.115Al0.004O2 with crystallite sizes of 87 nm and 65 nm, equivalent to 870 Å and 650 Å, a difference of 220 Å). Pullen teaches in order to have an active material with high discharge capacity and capacity retention, the material should have a “high nickel formulation” with Ni at an amount greater than or equal to 75 at % ([0020-0032, 0080, 0143-0154]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to use the high nickel positive electrode active material of Pullen (Li0.98Mg0.02Ni0.881Co0.115Al0.004O2 with crystallite sizes of 87 nm and 65 nm) as the positive electrode active material of Kim, in order to increase discharge capacity and retention. Additionally, one would have a reasonable expectation of success in doing so, as Pullen’s active material overlaps with Kim’s preferred elements in an active material, and meets Kim’s critical requirement of having an active material diameter in the upper layer be 5% to 80% of an active material diameter in the layer in contact with the current collector (see Kim, [0018-0022]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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