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 .
Status of Claims and Other Notes
Claims 3–6 and 9–20 are pending.
Claims 1, 2, 7, and 8 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0373814 A1.
Drawings
The drawings were received on 16 June 2026. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Specification
Applicants' amendments have overcome the objections to the specification.
Claim Objections
Applicants' amendments have overcome the objections of claims 3, 4, 13, and 14.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 1–20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Interpretation
Claims 9 and 10 recite the limitations "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" and "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 4," respectively. Even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claims 9 and 10 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Claim Rejections - 35 USC § 102
Claims 9, 11, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toya et al. (US 2014/0011090 A1, hereinafter Toya).
Regarding claim 9, Toya discloses a cathode material for lithium ion batteries, wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor (TABLE 2, [0254]; TABLE 4, [0277]):
wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]),
where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]);
the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and
the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]).
Toya discloses a preparation method of the cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Although Toya does not explicitly teach that the complexing agent in the nucleation reaction has a concentration in a range from 0.5 to 2.5 g/L, the nucleation reaction is carried out for 24 to 50 hours, and the growth reaction is carried out for 60 to 100 hours, these limitations are directed to process steps by which the product is made. The determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claim 9 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Regarding claim 11, Toya discloses all the claim limitations as set forth above and further discloses a cathode material for lithium batteries:
wherein the cathode material for lithium ion batteries has a chemical formula of LiaNixCoyMnzMbO2 (TABLE 2, [0254]; TABLE 4, [0277]),
where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5 (TABLE 2, [0254]; TABLE 4, [0277]); and
M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (TABLE 2, [0254]; TABLE 4, [0277]).
Regarding claim 17, Toya discloses a battery (1, [0243]), wherein the battery comprises a cathode material for lithium ion batteries, wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor (TABLE 2, [0254]; TABLE 4, [0277]):
wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]),
where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]);
the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and
the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]).
Toya discloses a preparation method of the cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Although Toya does not explicitly teach that the complexing agent in the nucleation reaction has a concentration in a range from 0.5 to 2.5 g/L, the nucleation reaction is carried out for 24 to 50 hours, and the growth reaction is carried out for 60 to 100 hours, these limitations are directed to process steps by which the product is made. The determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claim 17 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Regarding claim 19, Toya discloses a battery (1, [0243]), wherein the battery comprises a cathode material for lithium ion batteries, wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor (TABLE 2, [0254]; TABLE 4, [0277]):
wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]),
where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]);
the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and
the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]),
wherein the cathode material for lithium ion batteries has a chemical formula of LiaNixCoyMnzMbO2 (TABLE 2, [0254]; TABLE 4, [0277]),
where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5 (TABLE 2, [0254]; TABLE 4, [0277]); and
M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (TABLE 2, [0254]; TABLE 4, [0277]).
Toya discloses a preparation method of the cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Although Toya does not explicitly teach that the complexing agent in the nucleation reaction has a concentration in a range from 0.5 to 2.5 g/L, the nucleation reaction is carried out for 24 to 50 hours, and the growth reaction is carried out for 60 to 100 hours, these limitations are directed to process steps by which the product is made. The determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claim 19 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Claim Rejections - 35 USC § 103
Claims 10, 12, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Toya (US 2014/0011090 A1) in view of Kim (US 2011/0305954 A1).
Regarding claim 10, Toya discloses a cathode material for lithium ion batteries, wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor (TABLE 2, [0254]; TABLE 4, [0277]):
wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]),
where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]);
the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and
the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]).
Toya discloses a preparation method of the cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Although Toya does not explicitly teach that the complexing agent in the nucleation reaction has a concentration in a range from 0.5 to 2.5 g/L, the nucleation reaction is carried out for 24 to 50 hours, and the growth reaction is carried out for 60 to 100 hours, these limitations are directed to process steps by which the product is made. The determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claim 10 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Toya does not explicitly disclose a cathode material precursor:
wherein the cathode material precursor has 40% to 80% of {010} crystal plane family, and
the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100).
Kim discloses a cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0101]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0096]), wherein the cathode material precursor has 40% to 80% of {010} crystal plane family (TABLE 1, [0043]), and the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100) (FIG. 2, [0101]) to improve the stability and capacity (see precursor, [0102]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the cathode material precursor of Toya with the {010} crystal plane family of Kim in order to improve the stability and capacity.
Regarding claim 12, Toya discloses all the claim limitations as set forth above and further discloses a cathode material for lithium batteries:
wherein the cathode material for lithium ion batteries has a chemical formula of LiaNixCoyMnzMbO2 (TABLE 2, [0254]; TABLE 4, [0277]),
where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5 (TABLE 2, [0254]; TABLE 4, [0277]); and
M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (TABLE 2, [0254]; TABLE 4, [0277]).
Regarding claim 18, Toya discloses a battery (1, [0243]), wherein the battery comprises a cathode material for lithium ion batteries, wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor (TABLE 2, [0254]; TABLE 4, [0277]):
wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]),
where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]);
the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and
the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]).
Toya discloses a preparation method of the cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Although Toya does not explicitly teach that the complexing agent in the nucleation reaction has a concentration in a range from 0.5 to 2.5 g/L, the nucleation reaction is carried out for 24 to 50 hours, and the growth reaction is carried out for 60 to 100 hours, these limitations are directed to process steps by which the product is made. The determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claim 18 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Toya does not explicitly disclose a cathode material precursor:
wherein the cathode material precursor has 40% to 80% of {010} crystal plane family, and
the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100).
Kim discloses a cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0101]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0096]), wherein the cathode material precursor has 40% to 80% of {010} crystal plane family (TABLE 1, [0043]), and the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100) (FIG. 2, [0101]) to improve the stability and capacity (see precursor, [0102]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the cathode material precursor of Toya with the {010} crystal plane family of Kim in order to improve the stability and capacity.
Regarding claim 20, Toya discloses a battery (1, [0243]), wherein the battery comprises a cathode material for lithium ion batteries, wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor (TABLE 2, [0254]; TABLE 4, [0277]):
wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]),
where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]);
the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and
the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]),
wherein the cathode material for lithium ion batteries has a chemical formula of LiaNixCoyMnzMbO2 (TABLE 2, [0254]; TABLE 4, [0277]),
where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5 (TABLE 2, [0254]; TABLE 4, [0277]); and
M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (TABLE 2, [0254]; TABLE 4, [0277]).
Toya discloses a preparation method of the cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Although Toya does not explicitly teach that the complexing agent in the nucleation reaction has a concentration in a range from 0.5 to 2.5 g/L, the nucleation reaction is carried out for 24 to 50 hours, and the growth reaction is carried out for 60 to 100 hours, these limitations are directed to process steps by which the product is made. The determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Therefore, claim 20 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Toya does not explicitly disclose a cathode material precursor:
wherein the cathode material precursor has 40% to 80% of {010} crystal plane family, and
the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100).
Kim discloses a cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0101]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0096]), wherein the cathode material precursor has 40% to 80% of {010} crystal plane family (TABLE 1, [0043]), and the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100) (FIG. 2, [0101]) to improve the stability and capacity (see precursor, [0102]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the cathode material precursor of Toya with the {010} crystal plane family of Kim in order to improve the stability and capacity.
Allowable Subject Matter
Claims 3–6 and 13–16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Toya discloses a preparation method of a cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0254]; TABLE 3, [0277]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0254]; TABLE 3, [0277]); the cathode material precursor is in a shape of a stack of lamella (FIG. 6, [0234]), and the cathode material precursor has a particle size broadening factor K, where K ≤ 0.85 (TABLE 1, [0254]; TABLE 3, [0277]), wherein the preparation method (FIG. 1, [0100]; FIG. 2, [0115]) comprises steps of preparing a metal salt solution of nickel, cobalt and manganese (see mixed aqueous solution, [0274]); adding thereto a complexing agent and then a precipitating agent to carry out nucleation reaction (see nucleation, [0274]); adjusting concentrations of the metal salt solution of nickel, cobalt and manganese and the complexing agent to carry out growth reaction (see particle growth, [0274]); and carrying out filtering, aging, and drying to obtain the cathode material precursor (see composite hydroxide particles, [0229]); wherein the metal salt solution of nickel, cobalt and manganese in the nucleation reaction has a concentration in a range from 0.5 to 2 mol/L (see mixed aqueous solution, [0274]), the metal salt solution of nickel, cobalt and manganese in the growth reaction has a concentration in a range from 1.5 to 3 mol/L (see mixed aqueous solution, [0274]); the complexing agent in the nucleation reaction has a concentration in a range from 3 to 25 g/L (see ammonia aqueous solution, [0103]), the complexing agent in the growth reaction has a concentration in a range from 2 to 5 g/L (TABLE 3, [0277]).
Toya does not disclose, teach, or suggest the following distinguishing features:
A preparation method of a cathode material precursor, comprises steps of carrying a nucleation reaction for 24 to 50 hours with a complexing agent at a concentration in a range from 0.5 to 2.5 g/L, and carrying out a growth reaction for 60 to 100 hours.
Response to Arguments
Applicant's arguments with respect to claims 9–12 and 17–20 have been fully considered but they are not persuasive.
Applicants argue claims 9, 11, 17, and 19 are patentable in view of the cited prior art (P9/¶12). Claim 9 recites the limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3." Even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses a cathode material prepared from a cathode material precursor prepared according to claim 3 produces cathode material has a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta (e.g., FIG. 2(a), [0041]). The limitation "wherein the cathode material for lithium ion batteries is prepared from raw materials comprising a cathode material precursor prepared according to claim 3" defines a cathode material having a chemical formula of LiaNixCoyMnzMbO2, where 0.9 ≤ a ≤ 1.4, 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, 0 ≤ b ≤ 0.1, 0.8 ≤ x + y + z ≤ 1, 1 ≤ a/(x + y + z) ≤ 1.5; and M is at least one selected from a group consisting of elements B, Al, Mg, Ti, Fe, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, Sn, Sb, La, Ce, W, and Ta. Claim 9 may be unpatentable even though the cathode material precursor is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983). Claim 11 is directly dependent from claim 9; claims 17 is directed to a battery including a cathode material of claim 9; and claim 19 is directed to a battery including a cathode material of claim 11. Therefore, claims 9, 11, 17, and 19 are unpatentable in view of the cited prior art.
Applicants argue Kim does not disclose the proportion of the {010} crystal plane family of the active crystal planes of the cathode material precursor (P14/¶4)it is noted that the features upon which applicant relies (i.e., the proportion of the {010} crystal plane family of the active crystal planes of the cathode material precursor) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 4 recites "wherein the cathode material precursor has 40% to 80% of {010} crystal plane family, and the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100)." Claim 4 does not recite that "40% to 80%" is a proportion of the {010} crystal plane family of the active crystal planes of the cathode material precursor. Kim discloses a cathode material precursor, wherein the cathode material precursor has a chemical formula of NixCoyMnz(OH)2 (TABLE 1, [0101]), where 0.2 ≤ x ≤ 1, 0 ≤ y ≤ 0.5, 0 ≤ z ≤ 0.6, and 0.8 ≤ x + y + z ≤ 1 (TABLE 1, [0096]), wherein the cathode material precursor has 40% to 80% of {010} crystal plane family (TABLE 1, [0043]), and the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100) (FIG. 2, [0101]) to improve the stability and capacity (see precursor, [0102]). Therefore, Kim discloses "wherein the cathode material precursor has 40% to 80% of {010} crystal plane family, and the {010} crystal plane family in the cathode material precursor includes active crystal planes (010), (010), (100), (110), (110), and (100)."
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US 2022/0123298 A1) discloses a preparation method of a cathode material precursor, comprises steps of carrying a nucleation reaction for 24 to 50 hours (see nuclei, [0049]).
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 Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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