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 Arguments
This Officer Action is responsive to the Amendment filed February 24, 2026. The following reject(s) are maintained:
Claims 14-26 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
The following reject(s) are overcome:
Claim(s) 14-26 under 35 U.S.C. 103 as being unpatentable over Oshita et al. WO 2019/039567.
Claims 14-26 are rejected as follows:
Claim Rejections - 35 USC § 112
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.
Claims 14-26 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.
With respect to claim 14, in line 3, “wherein M’ comprises” sets forth what element M’ contains. However, lines 4, 5, 6, 7 and 11, indicate “relative to M’” suggesting that said elements do not define M’. An appropriate correction is required.
Claims 15-26 are rejected to the dependency on claim 14.
Allowable Subject Matter
Claim 14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 14 would be allowable over the prior art of record, because the prior art is silent to: a positive electrode active material for lithium-ion rechargeable batteries, wherein the positive electrode active material is a powder, wherein the positive electrode active material comprises Li, M', and oxygen, wherein M' comprises:- Ni in a content a between 70.0 mol% and 95.0 mol%, relative to M', - Co in a content x between 0.0 mol% and 25.0 mol%, relative to M', - Mn in a content y between 0.0 mol% and 25.0 mol%, relative to M',- D in a content z between 0.0 mol% and 2.0 mol%, relative to M', wherein D comprises at least one element of the group consisting of: Ba, Ca, Cr, Fe, Mg, Mo,Nb, S, Si, Sr, Ti, Y, V, Zn, W, and Zr, and, - Al and B, wherein the total content c of Al and B is between 0.1 mol% and 5.0 mol%, relative to M', - wherein a, x, y, z, and c are measured by ICP, - wherein a+x+y+c+z is 100.0 mol%, - wherein the positive electrode active material has an Al content AlA and a B content BA, wherein AlA and BA are determined by ICP analysis, wherein AlA, and BA are expressed as molar fractions compared to the sum of a and x and y, - wherein the powder, when measured by XPS analysis, shows an average Al fraction AlB and an average B fraction BB, wherein AlB and BB are expressed as molar fractions compared to the sum of the fractions of Co, Mn and Ni as measured by XPS analysis, - wherein the ratio AlB/AlA > 1.0, - wherein the ratio BB/BA > 1.0, and wherein the powder is a single-crystalline powder. A positive electrode active material for lithium-ion rechargeable batteries, wherein the positive electrode active material is a powder, wherein the positive electrode active material comprises Li, M', and oxygen, wherein M' comprises:- Ni in a content a between 70.0 mol% and 95.0 mol%, relative to M', - Co in a content x between 0.0 mol% and 25.0 mol%, relative to M', - Mn in a content y between 0.0 mol% and 25.0 mol%, relative to M',- D in a content z between 0.0 mol% and 2.0 mol%, relative to M', wherein D comprises at least one element of the group consisting of: Ba, Ca, Cr, Fe, Mg, Mo,Nb, S, Si, Sr, Ti, Y, V, Zn, W, and Zr, and, - Al and B, wherein the total content c of Al and B is between 0.1 mol% and 5.0 mol%, relative to M', - wherein a, x, y, z, and c are measured by ICP, - wherein a+x+y+c+z is 100.0 mol%, - wherein the positive electrode active material has an Al content AlA and a B content BA, wherein AlA and BA are determined by ICP analysis, wherein AlA, and BA are expressed as molar fractions compared to the sum of a and x and y, - wherein the powder, when measured by XPS analysis, shows an average Al fraction AlB and an average B fraction BB, wherein AlB and BB are expressed as molar fractions compared to the sum of the fractions of Co, Mn and Ni as measured by XPS analysis, - wherein the ratio AlB/AlA > 1.0, - wherein the ratio BB/BA > 1.0, and wherein the powder is a single-crystalline powder.
The prior art, such as Oshita et al. WO 2019/039567, teaches a positive electrode active material (positive electrode active material; See “(Composition of positive electrode active material)” paragraph 1) for lithium-ion rechargeable batteries (lithium ion secondary battery; Background; paragraph 2), wherein the positive electrode active material is a powder, wherein the positive electrode active material comprises Li, M', and oxygen, wherein M' (Li1 + s NixCoyMnz MwBtO2 + α ; See “(Composition of positive electrode active material)” paragraph 1), comprises:
- Ni in a content a between 70.0 mol% and 95.0 mol%, relative to M',
(Nia= Nix, where X = 0.45 < x < 0.95 = 45% to 95% because x + y + z + w = 1, in Li1 + s NixCoyMnz MwBtO2 + α ; See “(Composition of positive electrode active material)” paragraph 1. Examiner’s note: the stoichiometric values equal mole percents when the summation equals 1) .
- Co in a content x between 0.0 mol% and 25.0 mol%, relative to M' (Cox= Coy, where Y = 0 < x < 0.5 = 0% to 50% because x + y + z + w = 1, in Li1 + s NixCoyMnz MwBtO2 + α ; See “(Composition of positive electrode active material)” paragraph 1. Examiner’s note: the stoichiometric values equal mole percents when the summation equals 1). .
- Mn in a content y between 0.0 mol% and 25.0 mol%, relative to M' (Mny= Mnz, where z = 0 < z < 0.35 = 0% to 35% because x + y + z + w = 1, in Li1+s NixCoyMnz MwBtO2 + α ; See “(Composition of positive electrode active material)” paragraph 1. Examiner’s note: the stoichiometric values equal mole percents when the summation equals 1). .
- D in a content z between 0.0 mol% and 2.0 mol%, relative to M', wherein D
comprises at least one element of the group consisting of: Ba, Ca, Cr, Fe, Mg, Mo, Nb, S, Si, Sr, Ti, Y, V, Zn, W, and Zr (Dz = Mw= W & Al, where z = 0 < w < 0.10 = 0% to 10% because x + y + z + w = 1, in Li1+s NixCoyMnz MwBtO2 + α ; See “(Composition of positive electrode active material)” paragraph 1. Examiner’s note: the stoichiometric values equal mole percents when the summation equals 1) .
- wherein a, x, y, z, and c are measured by ICP (content of each element can be measured by ICP emission spectroscopy; See “(Composition of positive electrode active material)” paragraph 1.),
- wherein a+x+y+c+z is 100.0 mol% (x + y + z + w = 1, in Li1+s NixCoyMnz MwBtO2 + α ; See “(Composition of positive electrode active material)” paragraph 1.),
However, the reference does not teach a single crystallin structure powder, AlA and BA are determined by ICP analysis, wherein AlA, and BA are expressed as molar fractions compared to the sum of a and x and y, - wherein the powder, when measured by XPS analysis, shows an average Al fraction AlB and an average B fraction BB, wherein AlB and BB are expressed as molar fractions compared to the sum of the fractions of Co, Mn and Ni as measured by XPS analysis, - wherein the ratio AlB/AlA > 1.0, - wherein the ratio BB/BA > 1.0. Therefore, claim 14 is patentably distinct from the prior art of record.
Claim 15-26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 15-26 would be allowable based on dependency to claim 14.
The prior art, such as Kim et al. EP 3641024A1, teaches:
Lix Nia CobMnc M4d M5e Oy
See [Chemical Formula 2-3]. M4 may include at least one element selected from Ti, Zr, Al, Mg, Si, B or Cr. M5 may include at least one element selected from Sr, Y, W or Mo. In Chemical Formula 2-3, 0<x<1.2, 2 ≤ y ≤ 2.02, 0.585 ≤ a ≤ 0.615, 0.185 ≤ b ≤ 0.215, 0.185 ≤ c ≤ 0.215, 0 ≤ d ≤ 0.03, 0 ≤ e ≤ 0.03 and 0.98 ≤ a+b+c ≤ 1.02. See DETAILED DESCRIPTION OF THE EMBODIMENTS. The precursor powder may be thermally treated in a furnace at, e.g., a temperature from about 700 °C to about 1200 °C, and the precursors may be merged or fused into a substantially single particle shape to obtain the second cathode active material particle having a single crystalline structure. See DETAILED DESCRIPTION OF THE EMBODIMENTS. The thermal treatment may be performed under an air atmosphere or an oxygen atmosphere so that the second cathode active material particle may be formed as a lithium metal oxide particle. See DETAILED DESCRIPTION OF THE EMBODIMENTS.
However, the reference does not teach AlA and BA are determined by ICP analysis, wherein AlA, and BA are expressed as molar fractions compared to the sum of a and x and y, - wherein the powder, when measured by XPS analysis, shows an average Al fraction AlB and an average B fraction BB, wherein AlB and BB are expressed as molar fractions compared to the sum of the fractions of Co, Mn and Ni as measured by XPS analysis, - wherein the ratio AlB/AlA > 1.0, - wherein the ratio BB/BA > 1.0. Therefore, claim 14 is patentably distinct from the prior art of record.
Claim 15-26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 15-26 would be allowable based on dependency to claim 14.
Response to Arguments
Applicant asserts that Oshita et al. WO 2019/039567 does not teach a single crystallin structure. In contrast, Oshita explicitly teaches secondary particles composed of agglomerated primary particles. Specifically:
The specification provides a precise definition of "single- crystalline powder": A single-crystalline powder is considered to be a powder in which 80% or more of the particles in a field of view of at least 45 x at least 60 pm ... in a SEM image have a single-crystalline morphology. [0042].
The specification further explains the term "single-crystalline powder", stating: A particle is considered to have single-crystalline morphology if it consists of only one grain, or a very low number of a most five, constituent grains, as observed by SEM or TEM. [0043].
Thus, the claimed single-crystalline powder requires that 80% or more of the particles consist of only one grain or at most five constituent grains.
In contrast to the claimed single-crystalline powder, Oshita explicitly teaches a positive electrode active material comprising secondary particles formed by aggregation of primary particles. Oshita describes that the lithium metal composite oxide includes secondary particles 2 formed by aggregating a plurality of primary particles 1. Description of Embodiments, fourth paragraph.
This argument is persuasive and all previously pending art rejections are overcome.
Applicant asserts:
Claim 14 begins by defining the positive electrode active material as comprising "Li, oxygen, and a metal composition M'." The claim then states "wherein M' comprises" followed by a list of constituent elements (Ni, Co, Mn, D, Al, and B). This establishes that M' is the collective metal composition made up of these individual elements. Each element's content is expressed as a mol % "relative to M'," meaning the percentage of that element within the total metal composition M'.
This argument is not persuasive as M’ comprising the element, and the element containing mole percentages relative to M’ introduces ambiguity. Irrespective of “relative” being consistently used through the claim, said term does not negate meanings other than “total metal composition M’”. Applicant is encouraged to put the explicit language in the claim for clarity. The prior art consistently disclosed “total composition” or some variant when comparing to the whole. The rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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