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 .
Specification
The disclosure is objected to because of the following informalities:
Paragraphs 0044 and 0048 appear inconsistent in stating that "the proportion of cobalt... is more than 90%" while defining coefficient a (which denotes nickel content) as satisfying 0.9<a<1. Accordingly, applicant is requested to clarify whether "cobalt" is a typographical error and should instead read "nickel", and amend the specification for consistency.
Paragraph 0046 appears inconsistent in referring to “FIG. 2” for the depiction of particle size T1 and coating layer thickness T2, whereas these features are shown in Fig. 1. Accordingly, applicant is requested to correct the figure reference.
Paragraphs 0047 and 0049 appears inconsistent in stating that “lithium, indium, and halogen elements (the sum of chlorine and fluorine), have an amount ratio of 3:1:6” for a first material comprising LiCl, LiF, and InCl3, since these compounds would correspond to an elemental ratio of 2:1:5 (lithium:indium:halogen). Accordingly, applicant is requested to clarify the intended composition and amend the specification for consistency.
Appropriate correction is required.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 1-4, 7-14, and 17-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sun et al. (US 20220216507 A1) in view of Yu et al. (US 20220255073A1).
Regarding claims 1 and 2: Sun et al. teaches a positive electrode (cathode) material, coated with indium-based halide solid electrolyte material, and a method of making wherein the required raw materials are mixed together in a liquid phase and heat-treated to form the desired positive electrode material with a solid electrolyte (abstract). Sun discloses a cathode material (para. 0034), a core layer comprising a lithium metal oxide material (para. 0034). Additionally, Sun discloses wherein the solid electrolyte is formed by a reaction of a first material on the core layer and has a composition of Li3InClxFy, x+y=6, 0<x<6, and 0<y<6 (para. 0038), and the precursor is heat-treated to form the cathode material (para. 0050 - 0054), wherein the first material comprises lithium, indium, chlorine, and fluorine (para. 0038), and the lithium metal oxide material and the solid electrolyte have a weight ratio ranged from 1:0.3 to 1:0.6 (para. 0109, weight ratio of positive electrode to solid electrolyte material is 70:30 which is mathematically equivalent to a ratio of 1:0.43).
However, Sun et al. does not teach a specific composition of NMC wherein the lithium metal oxide material has a composition of wherein the lithium metal oxide material has a composition of Li[NiaCobMncAld]O2, wherein a+b+c+d=1, 0<a<1, 0<b<1, 0≤c<1, and 0≤d<1.
Additionally, Yu teaches a particle structure of a cathode material and a preparation method thereof where a lithium metal oxide precursor is mixed with salts before a heat-treatment to form the desired particle with a core layer and coating layers (abstract). Yu discloses a cathode material comprising a plurality of particles, wherein each of the plurality of particles comprises: a core layer comprising a lithium metal oxide material, wherein the lithium metal oxide material has a composition of Li[NiaCobMncAld]O2, wherein a+b+c+d=1, 0<a<1, 0<b<1, 0≤c<1, and 0≤d<1 (para. 0042). Additionally, Yu discloses wherein 0.9<a<1 (para. 0042).
Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filling date of the claimed invention to substitute the cathode and solid electrolyte of Sun with the specific NMC cathode material utilize by Yu, because the oxide by Yu and the oxide by Sun are considered as functionally equivalent oxides in a core/shell structure of the cathode.
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, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
Regarding claim 3: Sun et al. further teaches the cathode material according to claim 1, wherein 4≤x≤5.5, and 0.5≤y≤2 (para. 0038).
Regarding claim 4: Sun et al. further the cathode material according to claim 1, wherein the lithium metal oxide material and the solid electrolyte have a weight ratio ranged from 1:0.4 to 1:0.5 (para. 0109, weight ratio of positive electrode to solid electrolyte material is 70:30 which is mathematically equivalent to a ratio of 1:0.43).
Regarding claim 7: Sun et al. further teaches the cathode material according to claim 1, wherein the first material is one selected from the group consisting of lithium chloride (LiCl), lithium fluoride (LiF), indium chloride (InCl3), and indium fluoride (InF3) (para. 0083).
Regarding claim 8: Sun et al. further teaches the cathode material according to claim 1, wherein the solvent comprises a volatile organic solvent (para. 0054).
Regarding claim 9: Sun et al. further teaches the cathode material according to claim 1, wherein the precursor is heat-treated in a vacuum environment or an inert atmosphere to form the cathode material (para. 0052).
Regarding claim 10: Sun et al. further teaches the cathode material according to claim 1, wherein the precursor is heat-treated at a temperature to form the cathode material (para. 0050-0051), and the temperature is ranged from 100 °C to 250 °C (para. 0051).
Regarding claims 11 and 12: Sun et al. teaches a NMC positive electrode material, coated with indium-based halide solid electrolyte material, and a method of making wherein the required raw materials are mixed together in a liquid phase and heat-treated to form the desired positive electrode material with a solid electrolyte. Sun discloses a preparation method of a cathode material, comprising steps of: (a) providing an NMC, (b) mixing the NMC with a first material and a solvent to form a precursor, wherein the first material comprises lithium, indium, chlorine, and fluorine (para. 0050); and (c) heat-treating the precursor to form the cathode material comprising a plurality of particles (para. 0051). and the coating layer comprises a solid electrolyte having a composition of Li3InClxFy, wherein x+y=6, 0<x<6, and 0<y<6 (para. 0038), and the first material is reacted on the core layer to form the solid electrolyte (para. 0050-0051), wherein the lithium metal oxide material and the solid electrolyte have a weight ratio ranged from 1:0.3 to 1:0.6 (para. 0109, weight ratio of positive electrode to solid electrolyte material is 70:30 which is mathematically equivalent to a ratio of 1:0.43).
Sun et al. discloses a NMC positive electrode material (para. 0034), coated with indium-based halide solid electrolyte material (para. 0038). However, Sun et al. does not teach wherein each of the plurality of particles comprises a core layer and a coating layer coated on the core layer, the core layer comprises the lithium metal oxide material.
Additionally, Yu teaches a particle structure of a cathode material and a preparation method thereof where a lithium metal oxide precursor is mixed with salts before a heat-treatment to form the desired particle with a core layer and coating layers (abstract). Yu discloses heat-treating the precursor to form the cathode material comprising a plurality of particles, wherein each of the plurality of particles comprises a core layer and a coating layer coated on the core layer (para. 0015), the core layer comprises the lithium metal oxide material (para. 0015). Additionally, Yu discloses wherein 0.9<a<1 (para. 0042).
Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filling date of the claimed invention to substitute the cathode and solid electrolyte of Sun with the specific NMC cathode material utilize by Yu, because the oxide by Yu and the oxide by Sun are considered as functionally equivalent oxides in a core/shell structure of the cathode.
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, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
Regarding claim 13: Sun et al. further teaches the preparation method of the cathode material according to claim 11, wherein 4≤x≤5.5, and 0.5≤y≤2 (para. 0038).
Regarding claim 14: Sun et al. further teaches the preparation method of the cathode material according to claim 11, wherein the lithium metal oxide material and the solid electrolyte have a weight ratio ranged from 1:0.4 to 1:0.5 (para. 0109, weight ratio of positive electrode to solid electrolyte material is 70:30 which is mathematically equivalent to a ratio of 1:0.43).
Regarding claim 17: Sun et al. further teaches the preparation method of the cathode material according to claim 11, wherein the first material is one selected from the group consisting of lithium chloride (LiCl), lithium fluoride (LiF), indium chloride (InCl3), and indium fluoride (InF3) (para. 0083).
Regarding claim 18: Sun et al. further teaches the preparation method of the cathode material according to claim 11, wherein the solvent comprises a volatile organic solvent (para. 0054).
Regarding claim 19: Sun et al. further teaches the preparation method of the cathode material according to claim 11, wherein the precursor is heat-treated in a vacuum environment or an inert atmosphere to form the cathode material (para. 0052).
Regarding claim 20: Sun et al. further teaches the preparation method of the cathode material according to claim 11, wherein the precursor is heat-treated at a temperature to form the cathode material (para. 0050-0051), and the temperature is ranged from 100 °C to 250 °C (para. 0051).
Claims 5-6 and 15-16 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sun et al. (US 2022/0216507 A1) and Yu et al. (US 2022/0255073 A1) as applied to claim 1 and 11 above, and further in view of Xu et al. (US 20230032851 A1).
Regarding claims 5 and 6: The combination of Sun et al. and Yu et al. discloses the cathode material of claim 1 as described above in Paragraph 3. However, Sun and Yu fail to teach wherein each of the plurality of particles has a particle size, and the coating layer has a thickness, wherein the particle size and the thickness have a ratio ranged from 6:1 to 40:1.
Additionally, Xu et al. teaches a composite positive electrode material comprising a positive electrode material core and a halide coating layer that is coated on the surface of the positive electrode material core (abstract). Xu discloses wherein each of the plurality of particles has a particle size, and the coating layer has a thickness, wherein the particle size and the thickness have a ratio ranged from 6:1 to 40:1 (para. 0021-0023). Additionally, Xu discloses wherein the particle size is ranged from 5 µm to 20 µm (para. 0021), and the thickness is ranged from 0.5 µm to 3 µm (para. 0023).
Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filling date of the claimed invention to modify the cathode material particle of Sun et al. and Yu. et al. to include the claimed ratio of Xu et al. because Xu teaches that in such ranges, a good cladding layer can be formed on the surface of the cladded matrix material (para. 0025).
When a composition with a touching or overlapping range is found in the prior art, this is considered sufficient to support a holding of obviousness. In re Malagari, 182 USPQ 549.
Regarding claims 15 and 16: The combination of Sun et al. and Yu et al. discloses the preparation method of the cathode material of claim 11 as described above in Paragraph 3. However, Sun and Yu fail to teach wherein each of the plurality of particles has a particle size, and the coating layer has a thickness, wherein the particle size and the thickness have a ratio ranged from 6:1 to 40:1.
Additionally, Xu et al. teaches a composite positive electrode material comprising a positive electrode material core and a halide coating layer that is coated on the surface of the positive electrode material core (abstract). Xu discloses wherein each of the plurality of particles has a particle size, and the coating layer has a thickness, wherein the particle size and the thickness have a ratio ranged from 6:1 to 40:1 (para. 0021-0023). Additionally, Xu discloses wherein the particle size is ranged from 5 µm to 20 µm (para. 0021), and the thickness is ranged from 0.5 µm to 3 µm (para. 0023).
Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filling date of the claimed invention to modify the cathode material particle of Sun et al. and Yu. et al. to include the claimed ratio of Xu et al. because Xu teaches that in such ranges, a good cladding layer can be formed on the surface of the cladded matrix material (para. 0025).
When a composition with a touching or overlapping range is found in the prior art, this is considered sufficient to support a holding of obviousness. In re Malagari, 182 USPQ 549.
Conclusion
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/APCV/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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