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 .
Response to Amendment
The Amendment filed 10 August 2026 has been entered. Claim 3 is amended; claims 1-2, 4-5, and 8-21 are cancelled. Accordingly, claims 3 and 6-7 remain pending. Applicant’s amendments to the claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 15 May 2026.
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.
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.
Claims 3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yohei (JP 2020140954) in view of Yoshihide (JP 2012074366) and Yamazaki (US 2024/0030413).
Regarding Claim 3, Yohei discloses a method for producing a positive electrode active material comprising the steps of: (as shown in step S11 of FIG. 3 and 37) first, lithium fluoride (lithium fluoride meets the limitation of a first compound comprising lithium and fluorine) and magnesium fluoride (magnesium fluoride meets the limitation of a second compound comprising magnesium and fluorine) are prepared as materials for the mixture 902 [0099], the materials of the mixture 902 are mixed and crushed (step S12 in FIG. 3) [0102], and the mixed and crushed materials are collected (step S13 in FIG. 3 and 37) to obtain a mixture 902 (step S14 in FIG. 3) [0103], and in step S25, a composite oxide containing lithium, a transition metal, and oxygen that has been synthesized in advance is used [0105], for example, lithium cobalt oxide (lithium cobalt oxide meets the limitation of a second composite oxide) particles can be used [0106], the mixture 902 (containing the first compound and the second compound) is mixed with the composite oxide (step S31 in FIG. 3). Yohei further discloses the mixed materials are collected (step S32 in FIG. 3) to obtain a mixture 903 (step S33 in FIG. 3) [0110], and the mixture 903 is heated/annealed (step S34 in FIG. 3) [0111], [0116], wherein the annealing temperature is preferably, for example, 600°C or higher and 950°C or lower [0113], which overlaps the claimed range of higher than or equal to 700°C and lower than or equal to 950°C for the third heat treatment such that the range taught by Yohei obviates the claimed range. See MPEP 2144.05 (I). Yohei further discloses the annealed material is collected (step S35 in FIG. 3) to obtain a mixture 904 (step S36 in FIG. 3) (mixture 904 meets the limitation of a third composite oxide comprising lithium, cobalt, magnesium, and fluorine; [0116]-[0118]).
Yohei further discloses Fig. 37 shows a flow diagram for obtaining the positive electrode active material 100A-3, wherein the flow is the same as that in Fig. 3 up to the step S36 where the mixture 904 (third composite oxide) is obtained; thereafter, the nickel mixture (nickel mixture meets the limitation of a third compound comprising nickel) obtained in steps S41 to S43 and the aluminum mixture (aluminum mixture meets the limitation of a fourth compound comprising aluminum) obtained in steps S44 to S46 are mixed in step S53, and then, via steps S53 to S57, the positive electrode active material 100A-3 is obtained in step S58 [0449], wherein the mixture is heated in step S55 at a temperature of less than 1000°C, preferably 700°C or higher and 950°C or lower [0132], which meets the limitation, or in the alternative, overlaps a fourth heat treatment performed at a temperature equal to the temperature of the third heat treatment or at a temperature lower than the temperature of the third heat treatment such that the range taught by Yohei obviates the claimed range. See MPEP 2144.05 (I).
Yohei is silent to forming a cobalt compound comprising cobalt hydroxide by reacting a first solution comprising a cobalt aqueous solution and a first chelate agent with a second solution comprising an alkaline aqueous solution and a second chelate agent; mixing the cobalt compound and a lithium compound and then performing a first heat treatment, thereby forming a first composite oxide comprising lithium and cobalt, and crushing the first composite oxide.
Yohei, however, discloses using a lithium cobalt oxide powder.
Yoshihide discloses a method of forming a lithium cobalt oxide positive electrode material [0001]. Yoshihide further discloses producing cobalt hydroxide (a cobalt compound) by reacting an aqueous cobalt solution containing glycine (glycine meets the limitation of a first chelate agent), an alkaline aqueous solution, and an aqueous glycine solution (glycine solution meets the limitation of a second chelate agent; [0056]), and mixing the cobalt hydroxide with a lithium compound and then heating the mixture at 800 to 1150°C to form lithium cobalt oxide (lithium cobalt oxide meets the limitation of a first composite oxide comprising lithium and cobalt; [0032]). Yoshihide further discloses the produced lithium cobalt oxide is crushed as necessary to obtain lithium cobalt oxide [0096], meeting the limitation of crushing the first composite oxide. Yoshihide further discloses this method of forming lithium cobalt oxide increases the capacity per volume of a lithium secondary battery [0030].
Regarding the first heat treatment in claim 3, it appears that 800 to 1150°C taught by Yoshihide overlaps the claimed range of higher than or equal to 700°C and lower than 1100°C such that the range taught by Yoshihide obviates the claimed range. See MPEP 2144.05 (I).
Yoshihide is silent to reacting a first solution comprising the cobalt aqueous solution and a first chelate agent with a second solution comprising an alkaline aqueous solution and a second chelate agent.
However, Yoshihide teaches reacting a cobalt aqueous solution comprising a chelating agent, an alkaline aqueous solution, and a chelating agent, such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoshihide to form the cobalt hydroxide by reacting a first solution comprising the cobalt aqueous solution and a first chelate agent with a second solution comprising an alkaline aqueous solution and a second chelate agent, because selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results (MPEP 2144.04 IV C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yohei to incorporate the teachings of Yoshihide to form a cobalt compound comprising cobalt hydroxide by reacting a first solution comprising a cobalt aqueous solution and a first chelate agent with a second solution comprising an alkaline aqueous solution and a second chelate agent, mixing the cobalt compound and a lithium compound and then performing a first heat treatment, thereby forming a first composite oxide comprising lithium and cobalt, and crushing the first composite oxide to provide the lithium cobalt oxide powder of Yohei, and in order to increase the capacity per volume of a lithium secondary battery comprising the lithium cobalt oxide, as recognized by Yoshihide [0030].
Yoshihide is further silent to crushing the first composite oxide by a wet process.
However, Yohei discloses a wet pulverization method is preferred since it allows for smaller pulverization [0091].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yohei to incorporate the teachings of Yoshihide to crush the first composite oxide by a wet process, because it allows for smaller pulverization, as recognized by Yohei [0091].
Yohei is further silent to performing a heat treatment prior to mixing the lithium cobalt oxide (second composite oxide) with the lithium fluoride (first compound) and the magnesium fluoride (second compound).
Yamazaki discloses a method for forming a positive electrode active material [0001] containing lithium cobalt, magnesium, fluorine, aluminum, and nickel [0022]. Yamazaki further discloses a heating performed on the composite oxide (Step S15) prior to mixing the composite oxide with Mg, F, Ni, and Al (Step S31) ([0343], Fig. 15A). Yamazaki further discloses this initial heating is performed at a temperature of higher than or equal to 700°C and lower than or equal to 1000°C [0349], which overlaps the claimed range of higher than or equal to 700°C and lower than 1000°C such that the range taught by Yamazaki obviates the claimed range. See MPEP 2144.05 (I). Yamazaki further discloses through the initial heating, the surface of the composite oxide becomes smooth [0343], and the surface smooth can reduce degradation after charge and discharge [0344].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yohei to incorporate the teachings of Yamazaki to perform a heat treatment at a temperature higher than or equal to 700°C and lower than 1000°C prior to mixing the lithium cobalt oxide (second composite oxide) with the lithium fluoride (first compound) and the magnesium fluoride (second compound) to form a second composite oxide comprising lithium and fluorine to form a composite oxide with a smooth surface in order to reduce degradation after charge and discharge, as recognized by Yamazaki [0344].
Regarding Claim 6, Yoshihide discloses producing cobalt hydroxide by reacting an aqueous cobalt solution containing glycine (first chelate agent), an alkaline aqueous solution, and an aqueous glycine solution (second chelate agent) [0056].
Regarding Claim 7, Yoshihide discloses producing cobalt hydroxide by reacting an aqueous cobalt solution containing glycine (first chelate agent), an alkaline aqueous solution, and an aqueous glycine solution (second chelate agent) [0056], such that the first chelate agent comprises the same material as the second chelate agent.
Response to Arguments
Applicant’s arguments, see "Remarks", pg. 6, par. 4-pg. 7, par. 1, filed 10 August 2026, with respect to the rejection(s) of claim(s) 3 and 6-7 under 35 U.S.C. 103 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 Yohei (JP 2020140954) and Yoshihide (JP 2012074366) and Yamazaki (US 2024/0030413).
Conclusion
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 SLONE ELZABETH SIMKINS whose telephone number is (571)272-3214. The examiner can normally be reached Monday - Friday 8:30AM-4:30PM.
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735
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