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 .
The amendment filed 5/20/26 has been considered and entered. Claims 1-3,5,7,10,12,15,16,19-21,23 and 24 have been canceled. Claims 4,6,8,9,11,13,14,17,18 and 22 remain in the application for prosecution thereof.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Considering the amendment filed 5/20/26, the 35 USC 102,103 and 112 rejections have been withdrawn. The following rejection has been necessitated by the amendment.
Claim Rejections - 35 USC § 103
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.
Claims 4,6,8,9,11,13,14,17,18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (2019/0280296) in combination with JP 2014-107125 further in combination with CN 102344173 or Takahashi et al. (2020/0176770).
Li et al. (2019/0280296) teaches an Al-doped Co₃O₄ precursor was obtained by dissolving CoSO₄ (claimed cobalt source) and Al₂(SO₄)₃ (claimed 1st additive element source) in deionized water to prepare a mixed salt solution (Co:Al = 99.4:0.4 in molar ratio and would show acidity being dissolved) putting the mixed salt solution along with a complexing agent solution containing a concentrated ammonia solution (claimed alkaline solution) and distilled water into a precipitating agent containing a sodium carbonate solution and bringing about a reaction, thereby obtaining an Al-doped precursor cobalt salt (claimed cobalt compound), and subjecting the Al-doped precursor cobalt salt to high-temperature treatment (claimed first heating) (paragraphs [0126] and [0127]).
Li et al. (2019/0280296) also indicates that Al-Mn-doped was obtained by adding lithium carbonate (claimed lithium source) and manganese acetate (claimed second additive element source) to the Al-doped Co₃O₄ precursor and stirring so that the Li:Co:Mn ratio was brought to 102:99.4:0.2 in molar ratio, thereby obtaining a homogeneous mixture (claimed second mixture), and firing (claimed second heating) the homogeneous mixture at 1050°C (paragraph [0128]).
Li et al. (2019/0280296) furthermore indicates that a lithium cobalt oxide positive electrode material (0.005 0.995 was obtained by mixing lithium carbonate, nickel acetate, cobalt carbonate, manganese acetate, and then firing at 950°C (paragraph [0129]). Furthermore, the nickel acetate or the manganese acetate (claimed second additive element source and third additive element source).
Li et al. (2019/0280296) fails to teach the first additive or second element source to include gallium sulfate, gallium chloride or gallium nitrate.
JP 2014-107125 teaches battery whereby when Ga is contained in a lithium-containing complex oxide, temporal stability of a battery is improved, and it is possible to configure a lithium-ion secondary battery having higher charge-discharge cycle characteristics (paragraph [0098]).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Li et al. (2019/0280296) lithium cobalt composite oxide material to include gallium as evidenced by JP 2014-107125 with the expectation of improving the battery as noted above.
Li et al. (2019/0280296) in combination with JP 2014-107125 fail to teach the second additive element source to include one of magnesium, calcium, fluorine aluminum, zinc, silicon, sulfur or boron.
CN 102344173 teaches a cobalt oxyhydroxide precursor was produced by adding pure water to a cobalt salt, adding a sodium hydroxide solution to the cobalt salt solution, and bringing about a reaction, and then adding a sodium hypochlorite solution and further bringing about a reaction; lithium cobaltate was obtained by adding lithium carbonate to the cobalt oxyhydroxide precursor and mixing SO that the Li/Co ratio was brought to 1.03-1.06, and then firing at 850-900°C; and a lithium cobaltate product was produced by pulverizing the obtained lithium cobaltate, then adding one or more of TiO₂, MgO, and Al₂O₃ and mixing, and then performing thermal treatment at 830-850°C (paragraphs [0009]-[0016]).
Furthermore, the mixture of cobalt oxyhydroxide and lithium carbonate corresponds to the first mixture of the invention of the present application, and the lithium cobaltate obtained by heating the mixture, that is, the lithium cobaltate obtained by mixing the complex oxide of the invention of the present application and bringing about a reaction corresponds to the complex oxide of the invention of the present application. Furthermore, the TiO₂, MgO, and Al2O₃ added to the lithium cobaltate correspond, in no specific order, to the first to third additive element sources of the invention of the present application, and the mixture obtained by mixing the lithium cobaltate and the TiO₂, MgO, and Al₂O₃ corresponds to the second mixture of the invention of the present application.
Takahashi et al. (2020/0176770) teaches forming positive electrode active material for secondary battery whereby particles of composite oxides are mixed with fluorine or magnesium (claimed second additive element source) and heated to form the positive electrode active material incorporating fluorine or magnesium in the active material.
Therefore, it would have been obvious for one skilled in the art to have modified Li et al. (2019/0280296) in combination with JP 2014-107125 to include a second additive element source to include one of magnesium, calcium, fluorine aluminum, zinc, silicon, sulfur or boron as evidenced by CN 102344173 or Takahashi et al. (2020/0176770) with the expectation of producing positive electrode material.
Regarding claims 4 and 6, CN 102344173 teaches TiO₂, MgO, and Al2O₃ added to the lithium cobaltate correspond, in no specific order, to the first, second and third additive element sources of the invention of the present application, and the mixture obtained by mixing the lithium cobaltate and the TiO₂, MgO, and Al₂O₃ corresponds to the second mixture of the invention of the present application. With gallium being the first additive (JP 2014-107125) then either Al2O3 or MgO would meet the claimed limitation f he second element being different than the first element.
Regarding claims 8,9,17 and 18, because the complexing agent solution (alkali solution) containing a concentrated ammonia solution (claimed alkaline solution) and distilled water of the invention described in document 1 contains distilled water, the specific resistance can be said to be 1 MΩ.cm or more.
Regarding claims 13 and 14, the firing temperature (temperature for heating the second mixture) for obtaining the lithium cobalt oxide positive electrode material is lower than the firing temperature (firing temperature for heating the first mixture) for obtaining the Al-Mn-doped.
Response to Amendment
Applicant’s arguments with respect to claims 4,6,8,9,11,13,14,17,18 and 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argued the prior art fails to teach the second additive element source to include one of magnesium, calcium, fluorine aluminum, zinc, silicon, sulfur or boron.
CN 102344173 or Takahashi et al. (2020/0176770) teaches this as detailed above.
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.
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/BRIAN K TALBOT/Primary Examiner, Art Unit 1712
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