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 Claims 1-4 & 14 in the reply filed on 4/10/2026 is acknowledged.
Claims 5-13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method of heat treating carbon nanotubes, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/10/2026.
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.
Claims 1-4 and 14 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 limitation, “a positive electrode active material core made of a Li—Ni—Co—Mn—M—O-based material (M =transition metal)”. It is unclear whether the recitation enclosed in parentheses is intended to further limit the component M constituting the core to a transition metal or not.
Claim 1 also recites that the positive electrode material comprises (1) a core and (2) an oxidized carbon nanotube coating layer formed on a surface of the… core.”, and further recites, “comprising 1% to 3% by weight of carbon nanotubes (CNTs) having an oxidation-treated surface relative to 100% by weight of the positive electrode active material core.”
It is unclear whether the recitation, ‘comprising 1% to 3% by weight of carbon nanotubes (CNTs) having an oxidation-treated surface relative to 100% by weight of the positive electrode active material core’, means: (1) the oxidized carbon nanotube coating layer includes oxidized carbon nanotubes as well as pure, non-oxidized carbon nanotubes, such that the weight percentage of the oxidized carbon nanotubes relative to the core is 1-3%; or (2) the oxidized carbon nanotube coating layer includes substantially only oxidized carbon nanotubes, and the total weight percentage of the oxidized carbon nanotubes forming the oxidized carbon nanotube coating layer relative to the core is 1-3%.
Based on the method disclosed by the instant specification for oxidizing the CNTs [PgPublication – pars. 0062-68,0081], an ordinary skilled artisan would appreciate that, at the provided heat treatment condition, only a small amount of CNTs would be oxidized such that the oxidized carbon nanotube coating layer includes both pure CNTs as well as oxidized CNTs. This understanding correlates with interpretation (1) above.
However, the instant specification also recites, ‘[t]he oxidation-treated carbon nanotubes constituting the oxidized carbon nanotube coating layer is a material that is physically attached to the surface of the positive electrode active material core’ [PgPublication – par. 0057]. This recitation correlates with interpretation (2) above.
For examination purposes, claim 1 is subject to both interpretations (1) and (2).”
Claims 2-4 and 14 are similarly rejected for including subject matter of base claim 1.
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.
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.
Claim(s) 1-4 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over MUN (KR20130139711A: See machine translations for citations) and FINLAYSON (US20210047185).
Regarding claim 1: Mun discloses a positive electrode material ([0001]) for a lithium secondary battery ([0001]), the positive electrode material ([0001]) comprising: a positive electrode active material core made of a Li-Ni-Co-Mn-M-O-based material (M = transition metal) ([0079]-[0102]) and a carbon nanotube coating layer formed on a surface of the positive electrode active material core (Page 2, First Paragraph, Line 1).
Mun fails to disclose wherein the carbon nanotube coating layer is an oxidized carbon nanotube coating layer, wherein the positive electrode material comprises 1% to 3% by weight of oxidized carbon nanotubes relative to 100% by weight of the positive electrode active material core, but [0077] discloses the carbon nanotube may be 0.01 to 10 parts by weight, for example, 0.01 to 5 parts by weight based on 100 parts by weight of the lithium transition metal oxide.
Finlayson discloses a similar a positive electrode material ([0007]) for a lithium secondary battery ([0007]).
Finlayson teaches the carbon nanotubes having targeted, or selective, oxidation levels and/or content on the exterior and/or interior of the tube walls. The carbon nanotubes can have little to no inner tube surface oxidation, or differing amounts and/or types of oxygen-containing species, e.g., oxidation, between the tubes' inner and outer surfaces or among the carbon nanotubes ([0019]).
Finlayson further teaches the process of oxidation, or attaching oxygen containing species, the degree of fibrillation can influence the population of tubes that differ by extent or type of oxygen containing species ([0019]). Fibrillation of the tree-truck agglomerates causes the nanotubes to loosen, exposing the surface or a greater number of nanotubes and/or a greater portion of the surface the nanotubes to the surrounding environment ([0019]). This allows for increased interaction between the surrounding materials and the exposed surface of the nanotubes which can improve conductivity and energy density. [0061] discloses an embodiment of this invention is a cathode, an anode, a binder, electrolyte or separator film composition comprising a plurality of high-surface area carbon nanotubes having a portion of carbon nanotubes that are open ended and ion conducting. [0062] discloses another embodiment of this invention is a composition comprising a plurality of high-surface area carbon nanotubes where the cathode, anode, or binder material has an impedance of less than or equal to about one billion ( 1x109 ) ohm-m.
Examiner notes that low impedances means the battery can deliver energy more efficiently, with less voltage drop.
It would have been obvious to one of ordinary skill, in the art before the effective filing date, to modify, Mun to oxidized the carbon nanotube that is formed on a surface of the positive electrode active material core with the teachings of Finlayson to can improve conductivity and energy density which is the purpose of Mun ([0057]).
Mun, as modified by Finlayson to include oxidized carbon nanotubes, further discloses wherein the positive electrode material comprises 0.01 to 5% by weight of CNTs relative to 100% by weight of the positive electrode active material core, which overlaps with the claimed range of 1% to 3% by weight of CNTs relative to 100% by weight of the positive electrode active material core, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Regarding claim 2: Modified Mun discloses a positive electrode material (Limitations set forth above), wherein the positive electrode active material core is represented by LiNixCoyMnzMi-x-y-zO2, and satisfies 0.3 < x < 1, 0 < y < 0.4, 0<z<0.7 ([0092]-[0096] & [0104]). The amounts disclosed by Mun for Ni, Co,M3 overlap with the claimed formula’s ranges, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Regarding claim 3: Modified Mun discloses a positive electrode material (Limitations set forth above), wherein the carbon nanotubes constituting the oxidized carbon nanotube coating layer has a length of 300 nm or more ([0229], e.g., 400 nm).
Regarding claim 4: Modified Mun discloses a positive electrode material (Limitations set forth above). [0040] of Finlayson disclose the oxidation level of the carbon nanotube to be a range of 0% - 2%.
It would have been obvious to one of ordinary skill, in the art as of the effective filing date, to infer that the carbon nanotubes constituting the oxidized carbon nanotube coating layer have a carbon content in a range of 97.5% to 98.5% due to the oxidation level of the carbon nanotube to be a range of 0% - 2%.
Regarding claim 14: Modified Mun discloses a secondary battery ([0154]) comprising: a positive electrode comprising the positive electrode material (Limitations set forth above); a negative electrode comprising a negative electrode active material ([0154]); and an electrolyte ([0154]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure due to the following aspects: Specific Positive material, Length and weight percent of carbon nanotube.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIK L TILLMAN-SMITH whose telephone number is (571)272-8848. The examiner can normally be reached Mon-Fri. 7am-4pm (EST).
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/ELTS/Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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