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 .
2. The Applicant's amendments filed on April 28, 2026, were received. Claims 1-4 and 6 have been amended. None of the Claims have been cancelled, withdrawn from consideration or added as new. Therefore, Claims 1-11 are pending in this office action.
3. The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office Action issued on January 28, 2026.
Claim Rejections - 35 USC § 112
4. The rejection of Claims 1-3 and 6 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre AIA ), second paragraph, has been overcome based on the amendments to the Claims.
Claim Rejections - 35 USC § 103
5. The rejection of Claims 1-8 and 10 under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN114335478A) in view of Zhou et al. (CN107565111A), has been overcome based on the amendments to the Claims and the arguments presented on pages 5-7 of the Remarks dated April 28, 2026.
6. The rejection of Claims 9 and 11 under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN114335478A) and Zhou et al. (CN107565111A), as applied to Claims 1-8 and 10 above, and in further view of Hou et al. (CN106992297A), has been overcome based on the amendments to the Claims and the arguments presented on pages 5-7 of the Remarks dated April 28, 2026.
7. Claims 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN114335478A) in view of Zhou et al. (CN107565111A) and in further view of Yang et al. (CN113929070A) using Yang et al. (US 2024/0105937 A1) as an English equivalent.
With regard to Claim 1, Wu et al. disclose a method for preparing a lithium iron phosphate positive electrode material having a high tap density, comprising: grinding and spraying in sequence a mixed solution of an iron source, a lithium source, a carbon source and an ion doping agent, including magnesium hydroxide, to obtain a precursor powder; and sintering the precursor powder at a high temperature to obtain the lithium iron phosphate positive electrode material having a high tap density (paragraphs 0007 0010, 0030-0033). Wu et al. do not specifically disclose wherein the ion doping agent comprises titanium dioxide, and wherein the lithium iron phosphate positive electrode material has a spherical shape with a diameter of 3 um to 10 µm, which is formed by aggregation of particles having a particle size of 200 nm to 300 nm.
Zhou et al. disclose a method for preparing a lithium iron phosphate positive electrode material having a high tap density, comprising: grinding and spraying in sequence a mixed solution of a lithium iron phosphate raw material and an optional carbon source to obtain a precursor powder; and sintering the precursor powder at a high temperature to obtain the lithium iron phosphate positive electrode material having a high tap density (paragraph 0044). Zhou et al. disclose wherein the lithium iron phosphate positive electrode material has a spherical shape with a diameter of 3 µm to 10 µm, which is formed by aggregation of particles having a particle size of 100 nm to 200 nm (paragraph 0055). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Wu et al. to include the lithium iron phosphate positive electrode material to have a spherical shape with a diameter of 3 µm to 10 µm, which is formed by aggregation of particles having a particle size of 200 nm to 300 nm, because Zhou et al. teach that that method step allows for a shallow lithium ion insertion depth and a short diffusion path, and the electrode process has good kinetic properties which can effectively improve the conductivity of the material (paragraph 0069).
Yang et al. disclose a high-rate lithium iron phosphate positive electrode material having a spherical-like morphology, and the primary particle thereof has a particle size of 100 nm. The specific production method comprises: first, weighing an iron phosphate material and a lithium carbonate material in a molar ratio of 1:1-1:1.05, then weighing 5-15% of carbon source and 0-1% of metal ion doping agent based on the total mass of the iron source and lithium source, and adding pure water to the above weighed materials to prepare a slurry with a solid content of 40%; ball milling and sand grinding the slurry, so that the particle size D50 after the sand grinding is controlled to be 100-200 nm, fully mixing the iron source, lithium source, phosphorus source, carbon source, and other raw materials evenly, and then centrifugally spray-drying the mixture to obtain a pale yellow precursor powder; placing the precursor in a graphite saggar for sintering at a high temperature of 650-700°C under the protection of nitrogen atmosphere for 18-20 hours, naturally cooling, then pulverizing the sintered material by a jet mill, and then removing iron to obtain a high-rate lithium iron phosphate positive electrode material; wherein, the iron source and phosphorus source are anhydrous iron phosphate having a honeycomb structure and a BET of 9-11 m2/g; the lithium source is battery-grade lithium carbonate with a main content of >99.7%; the carbon source is selected from the group consisting of glucose, PEG2000, PEG6000, white granulated sugar, citric acid and a combination thereof; and the metal ion doping agent is selected from the group consisting of nano-titanium dioxide, zirconium dioxide and a combination thereof (paragraphs 0032-0037). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method for preparing the lithium iron phosphate positive electrode material of Wu et al. and Zhou et al. to include titanium dioxide as the ion doping agent, because Yang et al. teach that the material prepared by this method has a complete crystalline structure, no impurity peak, good discharge capacity and good cycle capacity (paragraph 0022).
With regard to Claim 2, Wu et al. disclose wherein a molar ratio of the iron source to the lithium source is 1:1.01 (paragraph 0008), which meets the claimed limitation of a molar ratio of 1:1-1.1. Wu et al. do not specifically disclose wherein the mixed solution has a solid content of 30% to 50%. The specific content of mixed solution in the lithium iron phosphate material is not considered to confer patentability to the claims. Stability and cost of manufacturing are variables that can be modified, among others, by adjusting said content of mixed solution in the lithium iron phosphate material, with the stability and manufacturing cost both increasing as the amount of mixed solution is increased, the precise content of mixed solution in the lithium iron phosphate material would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the content of mixed solution in the lithium iron phosphate material of Wu et al. to obtain the desired balance between the stability and cost of manufacturing (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
With regard to Claim 3, Wu et al. disclose wherein the iron source comprises anhydrous iron phosphate (paragraph 0012); and inherently the anhydrous iron phosphate has a tap density of 1.2 g/cm³ to 1.4 g/cm³, and a BET of 4m²/g to 6m²/g.
With regard to Claim 4, Wu et al. disclose wherein the lithium source comprises lithium carbonate; the carbon source comprises glucose; and the ion dopant comprises magnesium hydroxide (paragraphs 0007-0012).
With regard to Claim 5, Zhou et al. disclose wherein the mixed solution is ground to have a median particle diameter of 100 nm-200 nm (paragraph 0050), which meets the claimed limitation of ≤0.5 µm.
With regard to Claim 6, Wu et al. disclose wherein the spraying is carried out using a spraying device with a feed rate of spray drying of 30 mL/min, a frequency of an atomizing disc at 300 Hz, and the spraying is carried out at an inlet air temperature of 220 °C and an exhaust air temperature of 90-100 °C to 110 °C (paragraph 0015). Wu et al. do not specifically disclose wherein the mixed solution is sprayed to have a median particle diameter of 3 µm to 10 µm, and wherein the spraying is carried out using a spraying device at a gas source pressure of 0.3 MPa to 0.6 MPa and a peristaltic pump at a feeding frequency of 15 Hz to 30 Hz, however, before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to use a spraying device at a gas source pressure of 0.3 MPa to 0.6 MPa and a peristaltic pump at a feeding frequency of 15 Hz to 30 Hz, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
Zhou et al. disclose wherein the mixed solution is sprayed to have a median particle diameter of 3 µm to 10 µm (paragraph 0055). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Wu et al. to include the mixed solution sprayed to have a median particle diameter of 3 µm to 10 µm, because Zhou et al. teach that that method step allows for a shallow lithium ion insertion depth and a short diffusion path, and the electrode process has good kinetic properties which can effectively improve the conductivity of the material (paragraph 0069).
With regard to Claim 7, Wu et al. disclose wherein the sintering is carried out at a high temperature of 700 °C to 790 °C for a period of 8-10 hours (paragraph 0016).
With regard to Claim 8, Wu et al. disclose a lithium iron phosphate positive electrode material prepared by the method noted above (paragraph 0040).
With regard to Claim 10, Wu et al. disclose a lithium ion battery, comprising: a positive electrode made of the lithium iron phosphate positive electrode material noted above, a negative electrode, a separator and an electrolyte (paragraphs 0020, 0025, 0040).
8. Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN114335478A), Zhou et al. (CN107565111A), and Yang et al. (CN113929070A) using (US 2024/0105937 A1) as an English equivalent, as applied to Claims 1-8 and 10 above, and in further view of Hou et al. (CN106992297A).
With regard to Claim 9, Wu et al., Zhou et al. and Yang et al. disclose a lithium iron phosphate positive electrode material prepared by the method in paragraph 7 above, but do not specifically disclose a ternary material-lithium iron phosphate mixed positive electrode material, comprising a ternary material, the lithium iron phosphate positive electrode material in paragraph 7 above, and a binder; and wherein, a mass ratio of the ternary material to the lithium iron phosphate positive electrode material is 0.5-1:1.
Hou et al. disclose a method for preparing a composite cathode material for ternary batteries, including mixing together a ternary material and lithium iron phosphate to form a mixture in a ratio of 8:2, and a binder (paragraphs 0009-0017, 0055, 0064). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the lithium iron phosphate positive electrode material of Wu et al., Zhou et al. and Yang et al. to include a ternary material lithium iron phosphate mixed positive electrode material comprising a ternary material, the lithium iron phosphate positive electrode material, and a binder, because Hou et al. teach that these materials have good particle uniformity, uniform dispersion, batch stability, good electrochemical performance, and excellent safety performance (paragraph 0023).
Hou et al. do not specifically disclose wherein the mass ratio of the ternary material to the lithium iron phosphate positive electrode material is 0.5-1:1, however, before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to include the ternary material to the lithium iron phosphate positive electrode material in a mass ratio of 0.5:1.1, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
With regard to Claim 11, Wu et al., Zhou et al. and Yang et al. disclose a lithium iron phosphate positive electrode material prepared by the method in paragraph 7 above, but do not specifically disclose a lithium ion battery, comprising: a positive electrode made of the ternary material-lithium iron phosphate mixed positive electrode material noted above, a negative electrode, a separator and an electrolyte.
Hou et al. disclose a ternary lithium battery comprising: a positive electrode made of the ternary material-lithium iron phosphate mixed positive electrode material noted above, a negative electrode, a separator and an electrolyte (paragraphs 0017-0018). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the lithium iron phosphate positive electrode material of Wu et al., Zhou et al. and Yang et al. to a lithium ion battery, comprising: a positive electrode made of the ternary material-lithium iron phosphate mixed positive electrode material noted above, a negative electrode, a separator and an electrolyte, because Hou et al. teach that these materials have good particle uniformity, uniform dispersion, batch stability, good electrochemical performance, and excellent safety performance (paragraph 0023).
Response to Arguments
9. Applicant’s arguments, see pages 5-7, filed April 28, 2026, with respect to the rejection(s) of Claims 1-8 and 10 under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN114335478A) in view of Zhou et al. (CN107565111A), have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yang et al. (CN113929070A) using Yang et al. (US 2024/0105937 A1) as an English equivalent.
Conclusion
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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM EST.
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725
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