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 .
Priority
Receipt is acknowledged of certified copies of papers required by 35 USC 119(a)-(d) or (f).
Information Disclosure Statement
Information Disclosure Statement (IDS) submitted August 7, 2023 has been received and considered by the examiner.
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: the range for Mn in the chemical formula is disclosed as 0.50≤y≤0.30 in paragraph [0007]. This is an improper range so the range of the Mn amount is unclear. Based on the disclosed examples of the instantly filed specification, this will be interpreted as Mn being in a range of 0.30≤y≤0.50.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
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.
Claim 1 is 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 "wherein... 0.50≤y≤0.30" in Line 6. This is an improper range so the range of the Mn amount is unclear. Based on the disclosed examples of the instantly filed specification, this will be interpreted as Mn being in a range of 0.30≤y≤0.50.
Claims 2-18 are rejected for being dependent on a rejected base claim.
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.
Claims 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. CN-105355905-A (hereinafter “Li”) in view of Toya et al. US-20140011090-A1 (hereinafter “Toya”).
Regarding Claim 1, Li discloses a lithium transition metal oxide cathode material comprising nickel and manganese and a dopant (metal cation) (see paragraphs [0009]-[0010] and [0021]). Li also discloses cobalt is toxic and expensive, and batteries assembled with it suffer from poor safety and thermal stability (see paragraph [0005]), and the cathode material is not disclosed as containing any cobalt and is therefore cobalt-free. Li additionally discloses the molar ratio of the nickel-manganese precursor to lithium is about (0.95-1.0):1 (see paragraph [0019]).
Li further discloses coating the cathode material with at least one selected from the group consisting of Al2O3 and TiO2 and may be contained in a weight ratio of Mn+Ni:coating material of 1000:(1.1-1.3) (see paragraphs [0070] and [0079]). With the molar masses of Mn, Ni, and TiO2 and the molar ratio of (Mn+Ni):Li of 0.99:1 (so approximately 1 mole combined of Mn and Ni) (see paragraph [0067]), the TiO2 is contained in an amount of approximately 0.002, which falls within and therefore anticipates an amount of M ranging from 0.001≤b≤0.005.
Li is silent on, in chemical formula of LiaNixMnyMezO2@Mb, 0.9≤a≤1.10, 0.50≤x≤0.70, 0.50≤y≤0.30, 0.001≤z≤0.009.
However, in the same field of endeavor of cathode materials (see abstract), Toya discloses a cathode active material that may comprise nickel in an amount of 0.30≤x≤0.70, manganese in an amount of 0.1≤x≤0.55, an additional dopant of Zr, W, Ti, or Mg in an amount of 0≤t≤0.1, and the amount of lithium may range from 0.95 (u= -0.5) to 1.5 (u= 0.50) (see paragraphs [0157]-[0159] and [0182]). Toya further discloses specific examples of cathode materials of Li1.38Ni0.4925Mn0.4925W0.005O2 and Li1.38Ni0.4925Mn0.4928Zr0.005O2 which substantially overlap and render obvious the claimed genus formula.
Toya additionally discloses when the lithium is too low, the battery output becomes low and when the lithium is too high, the discharge capacity decreases (see paragraphs [0157]-[0159]). As such, the amount of lithium is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). As such, a skilled artisan is capable of optimizing a cathode material to where the lithium is within the range of 0.9≤a≤1.10. Toya also discloses ensuring the appropriate ratios of the elements in the lithium nickel manganese oxide can improve battery performance (see paragraph [0095]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the cathode material disclosed by Li wherein, in chemical formula of LiaNixMnyMezO2@Mb, 0.9≤a≤1.10, 0.50≤x≤0.70, 0.50≤y≤0.30, 0.001≤z≤0.009, as disclosed by Toya, in order to achieve improved battery performance.
Regarding Claim 17, modified Li discloses the cobalt-free layered nickel-manganese cathode material according to claim 1 (see rejection of claim 1 above). Li further discloses a battery comprising the cobalt-free layered nickel-manganese cathode material according to the aforementioned claim 1 (see paragraphs [0008] and [0030]).
Claims 2 and 18 rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Toya as applied to claim 1 above, and further in view of Zhou et al. US-20180083262-A1 (hereinafter “Zhou”).
Regarding Claim 2, modified Li discloses the cobalt-free layered nickel-manganese cathode material according to claim 1 (see rejection of claim 1 above).
Lee is silent on wherein the cobalt-free layered nickel-manganese cathode material has a specific surface area of 0.4-0.9 m2/g, and a particle size D50 of 3.0-5.0 μm.
However, in the same field of endeavor of cathode materials (see abstract), Zhou discloses the specific surface area of a lithium transition metal composite oxide is preferably 0.3 to 0.9 m2/g, with a specific example (Example 2) of a cathode material with a specific surface area of 0.82 m2/g and a particle size of 3.0 µm (see paragraphs [0011] and [0068]). Zhou further discloses a cathode material with these characteristics can achieve a battery with good capacity retention (see Table 2 and Table 3 and paragraph [0111]). As such, skilled artisan would recognize that these are appropriate and functional amounts for the specific surface area and particle size of a cathode material.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the cathode material disclosed by Li wherein the cathode material has a specific surface area of 0.4-0.9 m2/g, and a particle size D50 of 3.0-5.0 μm, as disclosed by Zhou, as these are appropriate values to achieve a functional battery.
Regarding Claim 18, modified Li discloses the cobalt-free layered nickel-manganese cathode material according to claim 2 (see rejection of claim 2 above). Li further discloses a battery comprising the cobalt-free layered nickel-manganese cathode material according to the aforementioned claim 2 (see paragraphs [0008] and [0030]).
Claims 3, 5, 7, 9, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Toya as applied to claim 1 above, and further in view of Qu et al. CN-110931797-A (hereinafter “Qu”).
Regarding Claim 3, modified Li discloses the cobalt-free layered nickel-manganese cathode material according to claim 1 (see rejection of claim 1 above). Li further discloses a preparation method of the cobalt-free layered nickel-manganese cathode material according to the aforementioned claim 1, comprising the following steps:
(1) preparing a solution A with a nickel salt and a manganese salt, and then adding ammonium bicarbonate, stirring to perform a reaction, washing a resulting product, and drying to obtain a nickel-manganese precursor (see paragraphs [0038]-[0039]);
(2) mixing the nickel-manganese precursor with a lithium source and a dopant, performing a first calcination to obtain a cobalt-free nickel-manganese cathode material LiaNixMnyMezO2 (see paragraphs [0040]-[0042]); and
(3) mixing the cobalt-free nickel-manganese cathode material LiaNixMnyMezO2 with a coating agent A, performing a second calcination to obtain a metal oxide coated cobalt-free layered nickel-manganese cathode material (see paragraphs [0043]-[0045]).
Li is silent on adding a mixture of sodium hydroxide and ammonia dropwise to the nickel salt and a manganese salt solution and forming a nickel-manganese hydroxide precursor NixMny(OH)2.
However, Toya discloses adding a mixture of sodium hydroxide and ammonia to the nickel salt and a manganese salt solution and forming a nickel-manganese hydroxide precursor NixMny(OH)2 in Fig. 1 (see paragraphs [0033], [0101]-[0106], [0223]-[0225], and [0231]). Toya further discloses the solution comprising the sodium hydroxide and ammonia is added to the tank with the nickel salt and a manganese salt solution (see paragraph [0101]-[0106]), and a skilled artisan is capable of adding the solution by an appropriate method, such as dropwise.
Toya additionally discloses manufacturing a nickel manganese composite oxide from a composite hydroxide is a normal manufacturing process in the art (and as such is a known method) and proper reaction conditions can lead to excellent battery characteristics (see paragraphs [0011] and [0059]-[0060]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of Li wherein a mixture of sodium hydroxide and ammonia is added to the nickel salt and a manganese salt solution and forming a nickel-manganese hydroxide precursor NixMny(OH)2, as disclosed by Toya, as a known method to form a nickel manganese composite oxide.
Li is silent on step (2) comprising pulverization and step (3) comprising sieving and further spraying a coating agent B on a surface of the metal oxide coated cobalt-free layered nickel-manganese cathode material to perform wet coating and vacuum drying to obtain a double-coated cobalt-free layered cathode electrode material LiaNixMnyMezO2@Mb.
However, in the same field of endeavor of cathode material preparation (see paragraphs [0008]-[0010]), Qu discloses a preparation method for a nickel cathode material having a double-layer coating layer, with steps including crushing and sieving the mixed cathode material (see paragraphs [0032] and [0051]-[0053]). Qu further discloses spraying a coating agent B on a surface of the metal oxide coated cobalt-free layered nickel-manganese cathode material to perform wet coating and vacuum drying to obtain a double-coated cobalt-free layered cathode electrode material LiaNixMnyMezO2@Mb (see paragraphs [0012] and [0037]).
Qu additionally discloses a cathode material formed with this method has both lower side reactions with the electrolyte and higher ion migration and electron transfer capabilities (see paragraphs [0033] and [0037]-[0038]). As such, a skilled artisan would recognize these as appropriate techniques to form a functional cathode material for a battery.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of Li wherein step (2) comprises pulverization, step (3) comprises sieving, and an additional step of coating agent B on a surface of the metal oxide coated cobalt-free layered nickel-manganese cathode material to perform wet coating and vacuum drying to obtain a double-coated cobalt-free layered cathode electrode material LiaNixMnyMezO2@Mb, as disclosed by Qu, as appropriate techniques to form a functional cathode material with lower side reactions with the electrolyte and higher ion migration and electron transfer capabilities.
Regarding Claim 5, modified Li discloses the preparation method according to claim 3 (see rejection of claim 3 above). Li further discloses wherein in step (1), the nickel salt is NiSO4 (nickel sulfate), Ni(NO3)2 (nickel nitrate), or NiCl2 (nickel chloride); and wherein in step (1), the manganese salt is MnSO4 (manganese sulfate), Mn(NO3)2 (manganese nitrate), or MnCl2 (manganese chloride) (see paragraphs [0020], [0038], [0047], and [0056]).
Regarding Claim 7, modified Li discloses the preparation method according to claim 3 (see rejection of claim 3 above). Li further discloses wherein in step (2), the lithium source is Li2CO3 (lithium carbonate) (see paragraph [0020]).
Regarding Claim 9, modified Li discloses the preparation method according to claim 3 (see rejection of claim 3 above). Li further discloses wherein in step (2), the dopant is at least one selected from the group consisting of Al2O3 and TiO2 (see paragraphs [0049] and [0058]).
Regarding Claim 11, modified Li discloses the preparation method according to claim 3 (see rejection of claim 3 above). Li further discloses the first calcination is carried out at 500°C for 6 h (see paragraph [0041]), which falls within and therefore anticipates wherein in step (2), the first calcination is carried out at 450° C.-980° C. for 5 h-27 h.
Li also discloses the first calcination is carried out at 300°C for 6 h (see paragraph [0053]), which falls within and therefore anticipates wherein in step (3), the second calcination is carried out at 250° C.-600° C. for 5 h-12 h.
Regarding Claim 13, modified Li discloses the preparation method according to claim 3 (see rejection of claim 3 above). Li further discloses wherein in step (3), the coating agent A is at least one selected from the group consisting of Al2O3 and TiO2 (see paragraph [0022]).
Claims 4, 6, 8, 10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Toya and Zhou as applied to claim 2 above, and further in view of Qu.
Regarding Claim 4, modified Li discloses the cobalt-free layered nickel-manganese cathode material according to claim 2 (see rejection of claim 2 above). Li further discloses a preparation method of the cobalt-free layered nickel-manganese cathode material according to the aforementioned claim 2, comprising the following steps:
(1) preparing a solution A with a nickel salt and a manganese salt, and then adding ammonium bicarbonate, stirring to perform a reaction, washing a resulting product, and drying to obtain a nickel-manganese precursor(see paragraphs [0038]-[0039]);
(2) mixing the nickel-manganese precursor with a lithium source and a dopant, performing a first calcination to obtain a cobalt-free nickel-manganese cathode material LiaNixMnyMezO2 (see paragraphs [0040]-[0042]); and
(3) mixing the cobalt-free nickel-manganese cathode material LiaNixMnyMezO2 with a coating agent A, performing a second calcination to obtain a metal oxide coated cobalt-free layered nickel-manganese cathode material (see paragraphs [0043]-[0045]).
Li is silent on adding a mixture of sodium hydroxide and ammonia dropwise to the nickel salt and a manganese salt solution and forming a nickel-manganese hydroxide precursor NixMny(OH)2.
However, Toya discloses adding a mixture of sodium hydroxide and ammonia to the nickel salt and a manganese salt solution and forming a nickel-manganese hydroxide precursor NixMny(OH)2 in Fig. 1 (see paragraphs [0033], [0101]-[0106], [0223]-[0225], and [0231]). Toya further discloses the solution comprising the sodium hydroxide and ammonia is added to the tank with the nickel salt and a manganese salt solution (see paragraph [0101]-[0106]), and a skilled artisan is capable of adding the solution by an appropriate method, such as dropwise.
Toya additionally discloses manufacturing a nickel manganese composite oxide from a composite hydroxide is a normal manufacturing process in the art (and as such is a known method) and proper reaction conditions can lead to excellent battery characteristics (see paragraphs [0011] and [0059]-[0060]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of Li wherein a mixture of sodium hydroxide and ammonia is added to the nickel salt and a manganese salt solution and forming a nickel-manganese hydroxide precursor NixMny(OH)2, as disclosed by Toya, as a known method to form a nickel manganese composite oxide.
Li is silent on step (2) comprising pulverization and step (3) comprising sieving and further spraying a coating agent B on a surface of the metal oxide coated cobalt-free layered nickel-manganese cathode material to perform wet coating and vacuum drying to obtain a double-coated cobalt-free layered cathode electrode material LiaNixMnyMezO2@Mb.
However, in the same field of endeavor of cathode material preparation (see paragraphs [0008]-[0010]), Qu discloses a preparation method for a nickel cathode material having a double-layer coating layer, with steps including crushing and sieving the mixed cathode material (see paragraphs [0032] and [0051]-[0053]). Qu further discloses spraying a coating agent B on a surface of the metal oxide coated cobalt-free layered nickel-manganese cathode material to perform wet coating and vacuum drying to obtain a double-coated cobalt-free layered cathode electrode material LiaNixMnyMezO2@Mb (see paragraphs [0012] and [0037]).
Qu additionally discloses a cathode material formed with this method has both lower side reactions with the electrolyte and higher ion migration and electron transfer capabilities (see paragraphs [0033] and [0037]-[0038]). As such, a skilled artisan would recognize these as appropriate techniques to form a functional cathode material for a battery.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of Li wherein step (2) comprises pulverization, step (3) comprises sieving, and an additional step of coating agent B on a surface of the metal oxide coated cobalt-free layered nickel-manganese cathode material to perform wet coating and vacuum drying to obtain a double-coated cobalt-free layered cathode electrode material LiaNixMnyMezO2@Mb., as disclosed by Qu, in order to form a functional cathode material for a battery.
Regarding Claim 6, modified Li discloses the preparation method according to claim 4 (see rejection of claim 4 above). Li further discloses wherein in step (1), the nickel salt is NiSO4 (nickel sulfate), Ni(NO3)2 (nickel nitrate), or NiCl2 (nickel chloride); and wherein in step (1), the manganese salt is MnSO4 (manganese sulfate), Mn(NO3)2, (manganese nitrate), or MnCl2 (manganese chloride) (see paragraphs [0020], [0038], [0047], and [0056]).
Regarding Claim 8, modified Li discloses the preparation method according to claim 4 (see rejection of claim 4 above). Li further discloses wherein in step (2), the lithium source is Li2CO3 (lithium carbonate) (see paragraph [0020]).
Regarding Claim 10, modified Li discloses the preparation method according to claim 4 (see rejection of claim 4 above). Li further discloses wherein in step (2), the dopant is at least one selected from the group consisting of Al2O3 and TiO2 (see paragraphs [0049] and [0058]).
Regarding Claim 12, modified Li discloses the preparation method according to claim 4 (see rejection of claim 4 above). Li further discloses the first calcination is carried out at 500°C for 6 h (see paragraph [0041]), which falls within and therefore anticipates wherein in step (2), the first calcination is carried out at 450° C.-980° C. for 5 h-27 h.
Li also discloses the first calcination is carried out at 300°C for 6 h (see paragraph [0053]), which falls within and therefore anticipates wherein in step (3), the second calcination is carried out at 250° C.-600° C. for 5 h-12 h.
Regarding Claim 14, modified Li discloses the preparation method according to claim 4 (see rejection of claim 4 above). Li further discloses wherein in step (3), the coating agent A is at least one selected from the group consisting of Al2O3 and TiO2 (see paragraph [0022]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Toya and Qu as applied to claim 3 above, and further in view of Li et al. CN-110176581-A (hereinafter “Li” ‘581).
Regarding Claim 15, modified Li discloses the preparation method according to claim 3 (see rejection of claim 3 above).
Li and Qu are silent on, in step (4), the coating agent B is at least one selected from the group consisting of titanium sol, aluminum sol, titanium-aluminum sol mixture, aluminum isopropoxide, butyl titanate, aluminum dihydrogen phosphate and lithium tungstate.
However, in the same field of endeavor coatings on cathode materials (see paragraph [0002]), Li ‘581 discloses a coating of titanium aluminum sol on a cathode material comprising nickel and manganese (see paragraphs [0013], [0020]-[0021], and [0053]-[0056]).
Li ‘581 additionally discloses the coating improves battery safety performance and cycle performance (see paragraphs [0013] and [0040]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of modified Li wherein the coating agent B is titanium aluminum sol, as disclosed by Li ‘581, in order to improve battery safety performance and cycle performance.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Toya, Zhou, and Qu as applied to claim 4 above, and further in view of Li ‘581.
Regarding Claim 16, modified Li discloses the preparation method according to claim 4 (see rejection of claim 4 above).
Li and Qu are silent on, in step (4), the coating agent B is at least one selected from the group consisting of titanium sol, aluminum sol, titanium-aluminum sol mixture, aluminum isopropoxide, butyl titanate, aluminum dihydrogen phosphate and lithium tungstate.
However, in the same field of endeavor coatings on cathode materials (see paragraph [0002]), Li ‘581 discloses a coating of titanium aluminum sol on a cathode material comprising nickel and manganese (see paragraphs [0013], [0020]-[0021], and [0053]-[0056]).
Li ‘581 additionally discloses the coating improves battery safety performance and cycle performance (see paragraphs [0013] and [0040]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of modified Li wherein the coating agent B is titanium aluminum sol, as disclosed by Li ‘581, in order to improve battery safety performance and cycle performance.
Conclusion
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/S.L.K./
Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729