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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/6/23, 7/16/23, 7/16/24, 12/31/24, 10/9/25 is considered by the examiner.
Drawings
The drawings submitted on 6/6/23 has been considered.
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.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jyeok et al. (KR20200036424) in view of CN111244419
Regarding claim 1, the Jyeok et al. reference discloses a method of preparing a positive electrode active material, the method comprising sintering a mixture of a positive electrode active material precursor comprising of
Formula 1-1: Nia1Cob1Mn1d1 (OH)2 (Ni(OH)2 wherein a1=1 and b1, c1, d1=0) , a lithium raw material as a pre-sintered product, and mixing with an Al doping material to sinter forming a metal oxide of Formula 2: LiNi0.8Al0.05O2 (claims). The metal oxide positive material is further coated with boron and dried.
The Jyeok et al. reference discloses a sintering process but is silent in explicitly disclosing a second sintering step sintering the product with an Al doping element, however, the CN111244419 discloses two step sintering process that includes a second sintering step for the product and doping materials so that the doping material are well uniformly embedded into the grain gaps of the product which plays a role in stabilizing the product.. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate a second step sintering process in which the second sintering step sinters the product with doping element disclosed by the CN 111244419 for Al doping element with the product disclosed by the Jyeok et al. reference in order to provide stabilization in the product grain while modifying the intrinsic and extrinsic properties (doping) of a superior product.
Regarding claim 2, the Jyeok et al. reference discloses the sintering temperature for the combination of the lithium raw material and the Formula 1-1: Nia1Cob1Mn1d1 (OH)2 (Ni(OH)2 wherein a1=1 and b1, c1, d1=0) is 760°C (Example 1)
Regarding claim 3, the modified Jyeok et al. reference discloses the sintering temperature to be 760°C for the addition of the Al-doping material (Example 1).
Regarding claim 4, the Jyeok et al. reference discloses aluminum raw material is aluminum hydroxide (Example 1).
Regarding claim 5, the modified Jyeok et al. reference discloses in another embodiment the sintering temperature can be 770°C (Example 4), it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate 770°C and 760°C for sintering steps since this is both taught to be within sintering range of the method. A patent for a combination, which only unites old elements with no change in their respective functions, obviously withdraws what is already known into the field of its monopoly and diminishes the resources available to skillful men. Where the combination of old elements performed a useful function, but it added nothing to the nature and quality of the subject matter already patented, the patent failed under §103. When a patent simply arranges old elements with each performing the same function it had been known to perform and yields no more than one would expect from such an arrangement, the combination is obvious. KSR v. Teleflex
As a result, the modified Jyeok et al. reference discloses the difference in temperature of the sintering steps can be 10°C.
Regarding claim 6, the Jyeok et al. reference discloses the heat treatment step is at 300°C.
Regarding claim 7, the Jyeok et al. reference discloses the boron containing raw material to be H3BO3.
Regarding claim 8, the Jyeok e t al. reference discloses a positive electrode active material comprising a lithium transition metal oxide represented by Formula 2: LiNi0.8Al0.05O2 and a coating layer disposed on the surface of the lithium transitional metal oxide.
The Jyeok et al. reference further discloses a method of preparing a positive electrode active material, the method comprising sintering a mixture of a positive electrode active material precursor comprising of
Formula 1-1: Nia1Cob1Mn1d1 (OH)2 (Ni(OH)2 wherein a1=1 and b1, c1, d1=0) , a lithium raw material as a pre-sintered product, and mixing with an Al doping material to sinter forming a metal oxide of Formula 2: LiNi0.8Al0.05O2 (claims). The metal oxide positive material is further coated with boron and dried.
The Jyeok et al. reference discloses a sintering process but is silent in explicitly disclosing a second sintering step sintering the product with an Al doping element, however, the CN111244419 discloses two step sintering process that includes a second sintering step for the product and doping materials so that the doping material are well uniformly embedded into the grain gaps of the product which plays a role in stabilizing the product.. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate a second step sintering process in which the second sintering step sinters the product with doping element disclosed by the CN 111244419 for Al doping element with the product disclosed by the Jyeok et al. reference in order to provide stabilization in the product grain while modifying the intrinsic and extrinsic properties (doping) of a superior product.
The Jyeok et al. reference in view of the CN111244419 reference (herein disclosed as the modified Jyeok et al. reference) does not explicitly disclose the coating layer comprising a Li-Al-B-O solid solution and the ratio of a peak intensity at a mass of greater than 29.0 and equal to or less than 27.5 to a peak intensity of Al+ is in a range of 1:0.5 to 1:1.5, wherein the peak intensities measure by time-of-flight second ion mass spectrum, however, these properties are inherent given that the modified Jyeok et al. discloses the same process as that of the Applicant’s invention.
Regarding claim 9, the modified Jyeok et al. reference inherently discloses a ratio of a peak intensity at a mass of 182 to 184 to a peak intensity at a mass of 172 to 174 is in a range of 1:0.3 to 1:2, wherein a peak intensities measured by time of flight second ion mass spectrum, since the modified Jyeok et al. reference discloses the same process as that of the Applicant’s invention.
Regarding claim 10, the modified Jyeok et al. reference inherently discloses a ratio of a peak intensity at a mass of 182 to 184 to a peak intensity at a mass of 197 to 199 is in a range of 1:0.3 to 1:1.5 wherein the peak intensities measured by time-of-flight second ion mass spectrum, since the modified Jyeok e al. Reference discloses the same process as that of the Applicant’s inventiom
Regarding claim 11 and 12, the modified Jyeok et al. reference discloses the positive active material of claim 8 and 11, is for a positive electrode of a lithium secondary battery (claims of Jyeok et al. reference).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN OI CONLEY whose telephone number is (571)272-5162. The examiner can normally be reached 8:30 am - 5:00 pm.
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/Helen Oi K CONLEY/ Primary Examiner, Art Unit 1752