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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 6/30/26. Applicant’s arguments have been considered but are not found persuasive. Claims 1-3 and 5-33 are pending. Claim 31 is withdrawn.
This Action is FINAL, as necessitated by amendment.
Election/Restrictions
Newly submitted/amended claim 31 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claim 31 has been amended to recite the cathode active material comprises Li2SO4.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 31 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claims Analysis
Claim 17 recites limitations regarding discharging a half-cell over 100 cycles, which has not been given patentable weight. The claim is not directed toward a half-cell and/or a method of discharging. See also claim 28.
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 20-30 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 20 recites “an intermediate phase characterized by having H20, ROH, RCOOH, an anion, or a combination thereof wherein the anion comprising…1 to 3 carbon atoms”, which is indefinite as it is unclear how the intermediate phase is obtained. Claim 20 recites a metal “hydroxide” precursor. Claims 20 does not distinctly claims how the ROH, RCOOH or anion (second through fifth listed) of the intermediate phase is produced as the claim recites a metal hydroxide precursor. See also claim 30.
Claim 27 appears to improperly broaden claim 20 from which it depends as the claim requires “a metal hydroxide precursor. Furthermore, claim 27 recites the limitation "the metal salt" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear how the cathode active material “has residual lithium sulfate” as claim 20 requires a metal hydroxide precursor.
Claim 30 recites “an intermediate phase characterized by having H20, ROH, RCOOH, an anion, or a combination thereof”, which is indefinite as it is unclear what encompasses the intermediate phase. See the 35 USC 112 rejection of claim 20 above. Claim 30 requires a metal hydroxide.
To the extent the claims are understood in view of the 35 USC 112 rejections above, note the following prior art rejections.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 8-17, 19-30 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al., CN 109119612 A.
Li teaches a single crystal structure cathode active material. The positive electrode material precursor solves the problems of poor cycle stability, poor rate, and low energy density of the existing positive electrode materials [0015]. A precursor of a positive electrode material, the precursor being a single crystal structure having a chemical formula of GYz, wherein the G is AxByC(1-xy), and A, B, and C are three different transition metal elements, 0≤ x ≤ 1, 0 ≤ y ≤ 1, 0 < x + y ≤ 1; the Y is a non-metal anion, and z > 0 [0017]. The transition metal elements A, B and C are Ni, Co and Mn [0067]. The cathode material precursor is prepared by providing the transition metal salt into a mixed solution and combining a pH regulator (basic solution) into the solution to adjust the pH value to 7-10. The solution contains deionized water [0020-0022].
A method of preparing a cathode material includes dispersing and mixing the cathode material precursor and a lithium source under the action of water (metal hydroxide precursor mixture). Then heat treating to 800-1000°C for 5-20 hours to sinter to obtain the single crystal cathode material [0070].
Regarding at least claims 1, 5 and 20, the non-metal anion Y of the positive electrode active material is one or more of 02, OH-, CH3COO-, C2042, CO32, HCO3, preferably CH3COO-, and C2042 [0045]. Figure 3 of Li depicts an XRD pattern of the cathode material precursor prepared in Example 1. As shown by Figure 3, the precursor hydroxide has a peak at 17 to 23 degrees 2q that characterizes a beta phase and high crystallinity [0144] [0083-0084]. Thus, Li teaches the precursor of the positive electrode material includes both the claimed beta phase (B) and intermediate phase (I).
Regarding at least claims 3 and 5, the transition metal salt may be a sulfate salt [0054]. The pH adjustor is at least one of sodium hydroxide or potassium hydroxide (alkali metal hydroxide basic solution) [0056-0057]. Regarding claim 8, the lithium source may be lithium carbonate or lithium hydroxide [0072]. Regarding Claim 11, the Examples of Li teach the claimed molar ratio.
Regarding claims 12-13, the cathode material has the chemical formula LiGO2 wherein the G is AxByC (1-x-y), and A, B, and C are three different transition metal elements [0026]. Preferably, the transition metal elements A, B, and C are Ni. Co, and Mn respectively [0067]. See also [0085] that teaches LiNi0.5Co0.2Mn0.3O2. Regarding claim 14, see [0018], [0042], [0135-0144] and [0135].
Regarding claim 15, the positive electrode material has a median particle diameter D50 of 4 to 20 mm [0068]. Figure 1 shows a particle size distribution wherein a small peak is shown about 1 mm (corresponds to D90). The particle size distribution of the single crystal phase structure precursor in Example 1 is a normal distribution, in which D50 is 5.064 (D10=3.375; D50=5.064; D90=7.323) [0138-0141].
Regarding claim 16, “less than 10 wt%” includes the value zero. Regarding claim 17, see at least Figure 8 and [0159]. Regarding claim 19, the preparation of the positive electrode material includes adding 150g of water to 181.8g of lithium carbonate (0.137 wt%), and placing it in a homogenizer for 1 hour. Then adding 1000g of the precursor A1 powder and then heat treating [0085].
Example 9 teaches the cathode material precursor, cathode material and lithium-ion battery were prepared using the same method as in Example 1, except that a 2mol/L sodium hydroxide solution was prepared instead of the oxalic acid solution to prepare a single crystal phase structure cathode precursor NiO.5Co0.2Mn0.3(OH)2. See also at least Example 10 [0101-0104].
Regarding claims 21, 30 and 33, the precursor having a chemical formula of GYz, wherein the G is AxByC(1-xy), and A, B, and C are three different transition metal elements, 0≤ x ≤ 1, 0 ≤ y ≤ 1, 0 < x + y ≤ 1; the Y is a non-metal anion, and z > 0 [0017]. The transition metal elements A, B and C are Ni, Co and Mn [0067]. The non-metal anion may be -OH [0045]. FIG. 3 of Li is the positive electrode material of Example 1 to prepare precursor of XRD pattern.
Thus, the claims are anticipated.
Claim Rejections - 35 USC § 103
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.
Claim(s) 7, 18 and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., CN 109119612 A.
See discussion of Li above regarding at least claims 1 and 20. Regarding claim 7, Lee does not appear to teach the metal hydroxide precursor comprises at least 0.1 wt% to less than 3 wt% residual S content, based on total weight of the metal hydroxide precursor. However, Li teaches the transition metal salts used to produce the metal hydroxide precursor may be sulfate salts [0054]. One of skill in the art at the time the invention was filed would have found the residual S content of the claim 7 obvious in view of the teachings of Li. Specifically, Li teaches the same or similar method of forming the metal hydroxide precursor and Li teaching transition metal salts used to produce the metal hydroxide precursor may be sulfate salts. See also Example 1 of Li.
Regarding claim 19, Li does not explicitly teach the metal salt solution comprises a metal obtained from a recycled feedstock. However, the skilled artisan would have known that metals such as nickel, cobalt and/or manganese are commonly recycled. One of skill would have found it obvious to use a metal obtained from a recycled feedstock as recycled metals are readily available and are known to the skilled artisan.
Regarding claim 32, Li teaches the tap density of the positive electrode material is 1.8 to 3.0g/cm3. Tap density depends of the method for determining the tap density, for example, the number of taps. Li teaches the positive electrode material has a median particle diameter D50 of 4 to 20 mm [0068]. Figure 1 shows a particle size distribution wherein a small peak is shown about 1 mm (corresponds to D90). The particle size distribution of the single crystal phase structure precursor in Example 1 is a normal distribution, in which D50 is 5.064 (D10=3.375; D50=5.064; D90=7.323) [0138-0141]. One of skill would have reasonable expected the positive electrode material of Li to have the same or similar tap density as particle size would have significantly impacted the packing density (tap density) of the material. One of skill would have found a tap density of 1.5 g/cm3, as recited by claim 32, obvious in view of the teachings of Li, including the teachings of a tap density of the positive electrode material of 1.8 g/cm3.
Regarding claim 33, Li teaches the precursor having a chemical formula of GYz, wherein the G is AxByC(1-xy), and A, B, and C are three different transition metal elements, 0≤ x ≤ 1, 0 ≤ y ≤ 1, 0 < x + y ≤ 1; the Y is a non-metal anion, and z > 0 [0017]. The transition metal elements A, B and C are Ni, Co and Mn [0067]. The non-metal anion may be -OH [0045]. FIG. 3 of Li is the positive electrode material of Example 1 to prepare precursor of XRD pattern. Figure 3 at least shows an upward slope in the range of 15-17 degrees 2q, thus, the limitation recited by claim 33 appears to be inherent in the teachings of Li. See also Figure 7 of Li.
Response to Arguments
Applicant's arguments filed 6/30/29 have been fully considered but they are not persuasive.
35 USC 112
The 35 USC 112 rejections of claims 1-3 and 5-19 are withdrawn. The claims have been amended accordingly. Claim 20-30 remain rejected under 35 USC 112. See the rejections above. At least claims 20 and 30 recite a metal hydroxide precursor and/or a metal hydroxide. Claim 31 is withdrawn.
35 USC 102
Applicant argues Li does not teach or suggest a metal hydroxide precursor comprising both a beta phase and an intermediate phase. Applicant asserts Li teaches a cathode material precursor as a single phase precursor and points to Figure 3 of Li. Examiner disagrees. Applicant does not provide an explanation for the conclusion that Figure 3 of Li teaches a single phase precursor.
Furthermore, Li teaches a single crystal structure cathode active material. The positive electrode material precursor solves the problems of poor cycle stability, poor rate, and low energy density of the existing positive electrode materials [0015]. A precursor of a positive electrode material, the precursor being a single crystal structure having a chemical formula of GYz, wherein the G is AxByC(1-xy), and A, B, and C are three different transition metal elements, 0≤ x ≤ 1, 0 ≤ y ≤ 1, 0 < x + y ≤ 1; the Y is a non-metal anion, and z > 0 [0017]. The transition metal elements A, B and C are Ni, Co and Mn [0067]. The cathode material precursor is prepared by providing the transition metal salt into a mixed solution and combining a pH regulator (basic solution) into the solution to adjust the pH value to 7-10. The solution contains deionized water [0020-0022]. A method of preparing a cathode material includes dispersing and mixing the cathode material precursor and a lithium source under the action of water (metal hydroxide precursor mixture). Then heat treating to 800-1000°C for 5-20 hours to sinter to obtain the single crystal cathode material [0070].
The non-metal anion Y of the positive electrode active material is one or more of 02, OH-, CH3COO-, C2042, CO32, HCO3, preferably CH3COO-, and C2042 [0045]. Figure 3 of Li depicts an XRD pattern of the cathode material precursor prepared in Example 1. As shown by Figure 3, the precursor hydroxide has a peak at 17 to 23 degrees 2q that characterizes a beta phase and high crystallinity [0144] [0083-0084]. Thus, Li teaches the precursor of the positive electrode material includes both the claimed beta phase (B) and intermediate phase (I).
35 USC 103
Applicant presents the same arguments against anticipation when addressing the obviousness rejection over Li. Examiner has addressed the argument above. Thus, there is nothing further for the Examiner to rebut. Claim 31 is withdrawn. New claims 32 and 33 have been addressed above.
Regarding claim 32, Li teaches the tap density of the positive electrode material is 1.8 to 3.0g/cm3. Tap density depends of the method for determining the tap density, for example, the number of taps. Li teaches the positive electrode material has a median particle diameter D50 of 4 to 20 mm [0068]. Figure 1 shows a particle size distribution wherein a small peak is shown about 1 mm (corresponds to D90). The particle size distribution of the single crystal phase structure precursor in Example 1 is a normal distribution, in which D50 is 5.064 (D10=3.375; D50=5.064; D90=7.323) [0138-0141]. One of skill would have reasonable expected the positive electrode material of Li to have the same or similar tap density as particle size would have significantly impacted the packing density (tap density) of the material. One of skill would have found a tap density of 1.5 g/cm3, as recited by claim 32, obvious in view of the teachings of Li, including the teachings of a tap density of the positive electrode material of 1.8 g/cm3.
Regarding claim 33, Li teaches the precursor having a chemical formula of GYz, wherein the G is AxByC(1-xy), and A, B, and C are three different transition metal elements, 0≤ x ≤ 1, 0 ≤ y ≤ 1, 0 < x + y ≤ 1; the Y is a non-metal anion, and z > 0 [0017]. The transition metal elements A, B and C are Ni, Co and Mn [0067]. The non-metal anion may be -OH [0045]. FIG. 3 of Li is the positive electrode material of Example 1 to prepare precursor of XRD pattern. Figure 3 at least shows an upward slope in the range of 15-17 degrees 2q, thus, the limitation recited by claim 33 appears to be inherent in the teachings of Li. See also Figure 7 of Li.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yue (CN105731553 A) teaches an electrode material precursor prepared by mixing nickel salt, cobalt salt, and manganese salt to obtain a mixed solution; adjusting pH of the mixed solution using an ammonia alkali base solution to pH 11.50. At least claim 1 requires a pH of no greater than 10.
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 TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725
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