DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant's election with traverse of Group II, claims 8-12 in the reply filed on 1/20/26 is acknowledged. The traversal is on the ground(s) that the present claims are covered by exception (3) as indicated by the Office and no additional search burden would be present during examination. This is not found persuasive because the present claims are not covered by exception (1) as indicated in the restriction requirement and the search burden argument does not apply as the application was filed under 35 U.S.C. 371.
The requirement is still deemed proper and is therefore made FINAL.
3. Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/20/26.
It is noted the current claims have indicators for claims 1-7 as previously presented and should be withdrawn.
Claim Objections
4. Claim 8 is objected to because of the following informalities: the limitation “ M1 is at least one of Al and Mg, and M2 is a combination of at least one of Al and Mg and at least one of Ti and Zr” is improper alternative claiming. Alternative claiming may be set forth as "a material (or at least one material) selected from the group consisting of A, B, and C" or "wherein the material is (or is at least one of) A, B, or C" see MPEP 2173.05(h). For the purpose of this Office Action, the limitation has been interpreted as “ M1 is at least one of Al or Mg, and M2 is a combination of at least one of Al or Mg and at least one of Ti or Zr”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claim(s) 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (WO2020/067795) with citations from equivalent (US 2022/0006081) as cited in IDS dated 1/22/26.
Regarding claim 8, Choi discloses a particulate electrode active material having a shell and a core([0030], [0017]-[0018]), wherein the core comprises a composite lithium metal oxide according to a formula Li1+xTM′1−xO2 ( chemical formula 1 with p=0, [0030]-[0033]), and the shell comprises at least one compound of boron ([0052]), and wherein x is in a range of from −0.02 to +0.02, and wherein TM′ corresponds to a formula (II){(NiaCobMnc)1-dM1 d}1-eM2 e (II) with a being in a range of from 0.85 to 0.95, b being zero or in a range of from 0.01 to 0.14, c being in a range of from 0.01 to 0.15, and d being in a range of from zero to 0.05, e being in a range of from 0.005 to 0.03, M1 is at least one of Al or Mg, and
M2 is a combination of at least one of Al or Mg and at least one of Ti or Zr, a+b+c=1 ([0030]-[0033] with p=0). The examiner notes the prior art of Choi discloses ranges and lists sufficiently specific to that claimed thereby anticipating rather than being prima facie obviousness.
Regarding claim 9, Choi discloses M2 is a combination of Mg and Ti and, optionally, Al ([0030]-[0033]).
Regarding claim 10, Choi discloses a cathode ([0073]) containing: (A) at least one electrode active material according to claim 8([0073]), (B) carbon in electrically conductive form([0076], [0078]), and (C) a binder material([0076]-[0077]).
Regarding claim 11, Choi discloses a cathode according to claim 10 containing: (A) 80 to 98% by weight of the electrode active material (90 wt % to 98 wt% [0075]), (B) 1 to 17% by weight of the carbon (1 wt% to 5 wt% [0076], [0078]), and (C) 1 to 10% by weight of the binder material (1 wt% to 5 wt% [0076]-[0077]). The ranges in the art lie fully inside the claimed range thereby anticipating the claimed ranges.
Regarding claim 12, Choi discloses an electrochemical cell containing at least one cathode according to claim 10([0073]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724