DETAILED ACTION
Application 18/268022, “POSITIVE ELECTRODE ACTIVE MATERIAL FOR RECHARGEABLE LITHIUM BATTERY, METHOD OF PREPARING SAME, AND RECHARGEABLE LITHIUM BATTERY INCLUDING SAME”, is the national stage entry of a PCT application filed on 11/15/21 and claims priority from a foreign application filed on 12/18/20.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action on the merits is in response to communication filed on 5/29/26.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 and 14, in the reply filed on 5/29/26 is acknowledged.
Claims 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-6, 9 and 14 is/are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Kim (US 2020/0144612).
Regarding claim 1 and 14, Kim teaches a positive electrode active material for a lithium secondary battery (paragraph [0009]), comprising: a core containing a lithium nickel-based compound having a Ni content of 80 mol % or more (paragraphs [0021-0023]; e.g. paragraph [0142]); and a coating material positioned on at least a portion of the core surface (paragraphs [0028-0029]); wherein, the coating material includes a first coating material containing at least one of group 5 elements and group 6 elements; and S (paragraphs [0029] describes compounds including S, which is a group 6 element); and a second coating material including B, LiOH, Li2CO3 and Li2SO4 (paragraph [0101]).
As to claim 14, Kim further teaches a lithium secondary battery comprised of a positive electrode, a negative electrode, and a non-aqueous electrolyte, with the positive electrode comprising the the positive electrode active material previously described (paragraphs [0005, 0040, 0134-0135]).
Regarding claim 2, Kim remains as applied to claim 1. Kim further wherein: the core in the positive electrode active material includes a secondary particle assembled with at least one primary particle including the lithium nickel-based compound (paragraph [0059]).
Regarding claim 4, Kim remains as applied to claim 1. Kim further teaches wherein: the lithium nickel-based compound is represented by applicant’s Chemical Formula 1 (paragraphs [0021-0023]; e.g. paragraph [0142]).
Regarding claim 5, Kim remains as applied to claim 2. Kim further wherein: the first coating material is positioned on at least a portion of the primary particle surface and at least a portion of the secondary particle surface (paragraphs [0028-0029]; paragraph [0027]).
Regarding claim 6, Kim remains as applied to claim 2. Kim further wherein: the second coating material is to position at least part of the secondary particle surface (paragraph [0101]).
Regarding claim 9, Kim remains as applied to claim 1. Kim further teaches wherein: the content of the LiOH is 100 ppm to 10,000 ppm based on the total amount of the positive electrode active material (see Table 4).
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 of this title, 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.
Claims 7 and 8 is/are rejected under 35 U.S.C. 103 as being obvious over the combination of Kim (US 2020/0144612) and Nakura (US 2009/0136854).
Regarding claims 7 and 8, Kim remains as applied to claim 1. Kim does not appear to teach wherein the at least one of the Group 5 and Group 6 elements is V, Nb, W or a combination thereof, or wherein: the content of the group 5 element and group 6 element is 10 ppm to 10,000 ppm based on the total amount of the positive electrode active material.
In the battery art, Nakura teaches that a nickel based positive electrode active material may be provided with a coating including Nb (paragraph [0030-0031; 0041]) for the benefit of improving cycle characteristics of the material (paragraph [0022-0023, 0044]). Nakura further teaches that the element such as Nb may be included in an amount of 0.001 to 0.01 molar ratio relative to other non-lithium metals (paragraph [0044, 0036]).
It would have been obvious to a person having ordinary skill in the art to include in the surface layer composition a Group 5 and Group 6 elements such as Nb at a content of 10 ppm to 10,000 ppm based on the total amount of the positive electrode active material, for the benefit of improving cycle characteristics of the nickel based active material as taught by Nakura.
Claims 1 and 10 is/are rejected under 35 U.S.C. 103 as being obvious over the combination of Blangero (US 2015/0380722) and Kim (US 2020/0144612).
Regarding claims 1 and 10, Blangero teaches a positive electrode active material for lithium secondary battery (see abstract), comprising: a lithium metal oxide core particle (paragraph [0014]); and a coating material including a second coating material layer positioned on at least part of the lithium metal oxide particle surface (“surface layer”, abstract; paragraphs [0012]); wherein, the second coating material includes Li2SO4 (paragraphs [0015]).
Blangero does not explicitly teach that a content of the Li2SO4 is 10 ppm to 3,000 ppm based on the total amount of the positive electrode active material.
However, Blangero does teach wherein the surface layer further comprises less than 2000 ppm of one or more of LiF, Li3PO4 and Li2SO4. (Blangero claim 42).
The requirement that the content of the Li2SO4 of the surface layer is 10 ppm to 3,000 is found to be obvious over Blangero, as the range suggested by the cited art is considered to overlap the claimed range, also suggesting that Li2SO4 may be included in a low ppm range.
Blangero does not appear to teach wherein the lithium metal oxide of the core comprises more than 80 mol% Ni, or wherein the coating material includes a first coating material containing at least one of group 5 elements and group 6 elements; and S.
In the battery art, Kim teaches that a desirable type of lithium metal oxide is a lithium nickel oxide comprising more than 80 mol% Ni (paragraphs [0006, 0021-0023]), and that such a high nickel content provides improved capacity and power output (paragraph [0052]). It would have been obvious to a person having ordinary skill in the art at the time of invention to modify Blangero by configuring the lithium metal oxide to include more than 80% nickel for the benefit of improved capacity and power output as taught by Kim.
Kim further teaches that a sulfur containing coating material may be included in the lithium transition metal oxide for the benefit of inhibiting side reaction and/or improving structural and crystal stability of the metal oxide (paragraph [0041]). It would have been obvious to a person having ordinary skill in the art at the time of invention to modify Blangero by configuring the metal oxide to include a sulfur containing coating material for the benefit of inhibiting side reaction and/or improving structural and crystal stability of the metal oxide as taught by Kim.
Allowable Subject Matter
Claims 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is the examiner’s reasons for indicating allowable subject matter:
Regarding dependent claim 3, the closest prior art includes Kim (US 2020/0144612), which is relevant to the claimed invention as described in the rejection of claims 1 and 2. Kim teaches a positive electrode active material including a core and first and second coating materials as claimed, but fails to teach or suggest a material which would satisfy the X-ray spectroscopy characteristic ratio described in claim 3. Moreover, the amount of S suggested by Kim appears to be a small amount relative (e.g. see Kim at paragraph [0089]) to the quantities that would be needed to satisfy the X-ray spectroscopy characteristic ratio of claim 3. Therefore, no rejection based on Kim can be made for the invention of claim 3, including the limitations of base claims 1 and 2.
In the search, no closer prior art has been discovered which cures this deficiency of the previously applied art, or which independently fairly teaches or suggests claim 3 as a whole including the above-described features. Accordingly, claim 3 is not rejected, but is objected to for being dependent on a rejected base claim.
Relevant or Related Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, though not necessarily pertinent to applicant’s invention as claimed.
KR 10-2019-0079526 positive electrode active material comprising S and a group 5 element such as W, but does not appear to teach the constituents within first and second coating materials, particularly in a manner which would satisfy claim 3;
Adachi (US 2004/0234853) positive electrode active material comprising lithium sulfate as an inevitable impurity;
Wu (US 2016/0260965) positive electrode active material with coating layer;
Cho (US 2020/0152978) positive electrode active material comprising nickel containing core and coating layer;
Kumakura (US 2024/0030425) positive electrode active material with XPS characterized surface layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMIAH R SMITH whose telephone number is (571)270-7005. The examiner can normally be reached Mon-Fri: 9 AM-5 PM (EST).
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/JEREMIAH R SMITH/Primary Examiner, Art Unit 1723
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