CTNF 18/242,563 CTNF 97586 DETAILED ACTION Claim Objections 07-29-01 AIA Claim 5 is objected to because of the following informalities: In line 7 of claim 5, delete “a” before Li. In line 7 of claim 5, “particle” should be replaced with “particles”. In line 8 of claim 5, “a” should be replaced with “an” before O2 . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 6 and 7 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. 07-34-05 AIA Claim 6 recites the limitation " the salt " in line 4 . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 Claim 7 recites the limitation of “the salt” in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 7 is also rejected for being dependent upon a rejected base claim. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1 and 9 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US 20220216467 A1 (Kawada ‘467) . Regarding claim 1 , Kawada ‘467 teaches positive electrode active material particles (positive electrode active material particles; [0024]) , having an O2-type structure (at least one crystal structure such as an O2 structure; [0025]) , comprising: at least one element selected from Mn, Ni, and Co; Li; an element M; and O (the cathode active material has a composition represented by Li α [Li x Mn y Co z Me (1-x-y-z) ]O 2 ; [0047]; i.e., the composition includes Mn, Co, Li, an element Me, and O) , wherein the element M is at least one selected form B, Mg, Al, K, Ca, Ti, V, Cr, Fe, Cu, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo, and W (Me may be at least one selected from Ni, Fe, Ti, Bi, and Nb; [0022]) , the molar concentration of the element M in the surface layer portion of the particles is higher than the molar concentration of the element M in the central portion of the particles (the metal element Me contained in the composite oxide A may be unevenly densely distributed at the surface of the particle; [0035]) . Regarding claim 9 , Kawada ‘467 teaches a lithium-ion secondary battery (a secondary battery; [0006]) , comprising a positive electrode (a positive electrode comprising the above-described positive electrode active material; [0006]) , an electrolyte layer (an electrolyte; [0006]) , and a negative electrode (a negative electrode; [0006]) , wherein the positive electrode includes the positive electrode active material particles according to claim 1 (see claim 1 above) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220216467 A1 (Kawada ‘467) in view of US 20210119207 A1 (Sugiyama ‘207 – provided in the IDS filed on September 6, 2023) . Regarding claims 2, 3, and 4 , Kawada ‘467 teaches the positive electrode active material particles according to claim 1, but does not disclose the chemical composition of the entire particles is represented by Li a Na b Mn x-p Ni y-q Co z-r M p+q+r O 2 (wherein 0<a≤1.00, 0≤b≤0.20, x+y+z=1, and 0<p+q+r≤0.07); the chemical composition of the surface layer portion is represented by Li a Na b Mn x-s Ni y-t Co z-u M s+t+u O 2 (wherein 0<a≤1.00, 0≤b≤0.20, x+y+z=1, and 0.08<s+t+u); and the chemical composition of the central portion is represented by Li a Na b Mn x-h Ni y-i Co z-j M h+i+j O 2 (wherein 0<a≤1.00, 0≤b≤0.20, x+y+z=1, and 0≤h+i+j≤0.07). Kawada ‘467 discloses the cathode active material having a composition represented by Li α [Li x Mn y Co z Me (1-x-y-z) ]O 2 ([0047]). The metal element Me contained in the composite oxide A may be unevenly densely distributed at the surface of the particle ([0035]). The composite oxide A can be synthesized by, for example, subjecting a sodium transition metal composite oxide containing at least Mn and Co to ion exchange so as to replace Na with Li, and then further processing the product by adding a lithium salt having high reactivity with Co ([0036]). Here, the ion exchange may not proceed completely, and a certain amount of Na may remain ([0036]). By adding the lithium salts after ion exchange that have a high reactivity with Co, Co can selectively be unevenly densely distributed at the surface ([0036]). Sugiyama ‘207 discloses a cathode active material with a composition represented by Li b Na c Mn 1-s Ni m-t Co n-u M 2 s+t+u O 2 where 0<b+c≤1, 1+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25 ([0053]). The cathode active material having the disclosed composition is prepared by using a transition metal oxide containing at least Na and Mn as a precursor that is subjected to an ion exchange, and is further doped with a doping element, to intentionally adjust the composition so as not to lead to charge neutrality, which makes it possible to produce a cathode active material having a multi-phase of the O2 structure and the O3 structure by an ion exchange ([0010]). The Na-doped precursor transition metal oxide has a P2 structure, wherein lithium is substituted for at least part of sodium contained in the transition metal oxide by an ion exchange method ([0011]). The cathode active material having the disclosed composition has a high average discharge potential, and a high degree of stability at high potential. Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the composition of the positive electrode active material particles, as taught by Kawada ‘467, with the disclosed composition of Sugiyama ‘207, to provide a cathode active material with high average discharge potential, and a high degree of stability at high potential, for example, Li b Na c Mn 1-s Ni m-t Co n-u M 2 s+t+u O 2 where 0<b+c≤1, 1+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25, which overlaps with the claimed compositions. As set forth in MPEP 2144.05, 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, 191 USPQ 90 (CCPA 1976); In re Woodruff , 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)). Kawada ‘467 discloses that the metal element Me contained in the composite oxide A may be unevenly densely distributed at the surface of the particle ([0035]). By adding the lithium salts after ion exchange that have a high reactivity with Co, Co can selectively be unevenly densely distributed at the surface ([0036]). Sugiyama ‘207 discloses that the transition metal oxide is further doped with a doping element, to intentionally adjust the composition ([0010]). Accordingly, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the positive electrode active material particles, to have a varied composition from the central portion to the surface layer portion thereof, wherein the compositions of the entire particles and the central portion represented by a composition having a lower concentration of the element M, while the composition of the surface layer portion is represented by a composition having a higher concentration of the element M, because the composition may be adjusted by the addition of the doping element M, and the doping element M may be unevenly distributed at the surface of the particle . 07-21-aia AIA Claim s 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210119207 A1 (Sugiyama ‘207) in view of US 20220216467 A1 (Kawada ‘467) . Regarding claim 5, Sugiyama ‘207 teaches a manufacturing method of positive electrode active material particles (a method of producing a cathode active material; title) , the method comprising: obtaining Na containing transition-metal oxide particles having a P2 type structure (a step of preparing an Na-doped precursor of making a transition metal oxide having a P2 structure; [0011]) ; and ion-exchanging at least a portion of Na of the Na containing transition metal oxide particles to Li (an ion exchange step of substituting lithium for at least part of sodium contained in the transition metal oxide by an ion exchange method; [0011]) . Sugiyama ‘207 discloses that the transition metal oxide is further doped with a doping element ([0010]), such as Al or Mo ([0053]), to intentionally adjust the composition so as not to lead to charge neutrality, which makes it possible to produce a cathode active material having a multi-phase of the O2 structure and the O3 structure by an ion exchange ([0010]). However, the doping of the element M 2 is conducted prior to ion exchange. Nevertheless, the invention as a whole would have been obvious to a person of ordinary skill in the art at the time of filing, because it has been held that any order of performing process steps is prima facie obvious in the absence of new or unexpected results. See In re Burhans , 154 F.2d 690, 69 USPQ 330 (CCPA 1946); MPEP 2144.04(IV). Further, Sugiyama ‘207 does not expressly disclose that the doping of the element M 2 is in the surface layer. Kawada ‘467 teaches positive electrode active material particles ([0024]) having at least one crystal structure such as an O2 structure ([0025]) with a composition represented by Li α [Li x Mn y Co z Me (1-x-y-z) ]O 2 ([0047]), wherein Me may be at least one selected from Ni, Fe, Ti, Bi, and Nb; [0022]), and the metal element Me contained in the composite oxide A may be unevenly densely distributed at the surface of the particle; [0035]). Kawada ‘467 further discloses that by adding the lithium salt after ion exchange and heating, the lithium salt having a high reactivity with Co, the Co can selectively be unevenly distributed at the surface ([0036]). Therefore, it would have been obvious to a person of ordinary skill in the art, prior for the effective filing date of the claimed invention, to provide that the doping element Me, is doped in the surface layer of the particle to obtain a Li containing transition-metal having an O2 type structure after ion exchange, because the doping element may be selectively unevenly distributed at the surface of the particle, as suggested by Kawada ‘467, in the manufacturing method of the positive electrode active material particles, as taught by Sugiyama ‘207. Regarding claim 6, Sugiyama ‘207 teaches the manufacturing method according to claim 5, the method comprising: ion-exchanging at least a portion of Na of the Na containing transition-metal oxide particles to Li, and doping the element M in the surface layer of the particle, by contacting the particle with the salt containing Li and the element M (ion exchange may be performed by immersing the sodium transition metal composite oxide in a solution containing at least one lithium salt, wherein the lithium salt is added after the ion exchange; [0036] of Kawada ‘467) . Regarding claim 7, Sugiyama ‘207 teaches the manufacturing method according to claim 6, wherein the salt comprises Li, the element M, and halogen (the Li ion source used in the ion exchange step may be lithium salts such as lithium chloride and lithium bromide; [0039] of Sugiyama ‘207; examples of the lithium salt having high reactivity with Co include lithium iodide, lithium bromide, and the like; [0036] of Kawada ‘467) . Regarding claim 8, Sugiyama ‘207 teaches the manufacturing method according to claim 5, wherein the Na containing transition-metal oxide particles have a chemical composition shown as Na c Mn x Ni y Co z O 2 (wherein 0<c≤1.00 and x+y+z= 1) (the Na-doped precursor having a P2 structure may have a composition represented by Na a Mn x-p Ni y-q Co z-r M 1 p+q+r O 2 where 0.05≤p+q≤1, x+y+z=1, 3≤4x+2y+3z≤3.5, and 0.05≤p+q+r<0.25, and M 1 is AL or Mo; [0030]; i.e., the composition before doping of the element M 1 overlaps with the claimed composition) . As set forth in MPEP 2144.05, 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, 191 USPQ 90 (CCPA 1976); In re Woodruff , 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200028169 A1 (Wu ‘169) discloses since the M element doping is carried out after complete lithiation, it is advantageous for the M element to exist as much as possible on the outer surface of the active material bulk particles towards the core direction, which is advantageous for improving cycle performance at high and low temperature, safety performance, capacity, and energy density of the material ([0055]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICOLE BUIE-HATCHER can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TAYLOR HARRISON KRONE/Examiner, Art Unit 1725 /JONATHAN CREPEAU/Primary Examiner, Art Unit 1725 Application/Control Number: 18/242,563 Page 2 Art Unit: 1725 Application/Control Number: 18/242,563 Page 3 Art Unit: 1725 Application/Control Number: 18/242,563 Page 4 Art Unit: 1725
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