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 .
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.
Claim1 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.
Claim 1 recites,
“A positive electrode active material for lithium secondary battery, comprising: a compound represented by Chemical Formula 1, wherein a molar content of lithium present in the structure of the positive electrode active material, measured through neutron diffraction analysis, is 1.01 to 1.15 for 1 mole of the positive electrode active material:
[Chemical Formula 1] Li.sub.(1+a)[(Ni.sub.bM1.sub.(1-b)].sub.(1-a)O.sub.2
in the Chemical Formula 1, 0<a<0.2, 0.8<b<1, M1 is at least one element selected from Co, Mn, Al, Mg, Ca, Ti, V, Cr, Zr, Nb, Mo, and W.”
It is unclear how the molar quantity of lithium can satisfy the first limitation of 1.15 moles and the second limitation of 1.2 moles where a = 0.2, which make it unclear as to what the meets and bounds are being applied to the limitation of claim 1 and therefore is indefinite.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Kim et al. (US2018/0123130A1).
As to claim 1, Kim discloses a positive electrode active material for lithium secondary battery [Abstract], comprising: a compound represented by Chemical Formula 1, wherein a molar content of lithium present in the structure of the positive electrode active material, measured through neutron diffraction analysis, is 1.01 to 1.15 for 1 mole of the positive electrode active material (at x=1.01, 1.1 of equation (1) [0009] overlaps the claimed molar quantity range):
[Chemical Formula 1]
Li1+a(NibM11-b)1-aO2 in the Chemical Formula 1, 0<a<0.2, 0.8<b<1, M1 is at least one element selected from Co, Mn, Al, Mg, Ca, Ti, V, Cr, Zr, Nb, Mo, and where a=0.01, b=0.8 of chemical formula (1) as claimed would yield Li(1.01)Ni (0.79)M(0.198))O2 (Kim discloses where x=1.01, y= 0.2, would yield according to Kim’s formula (1) Li.sub.xNi.sub.1-yM.sub.yO.sub.2 = Li(1.01)Ni(0.8)M(0.2)O2, overlapping the claimed range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 2, the rejection of claim 1 is incorporated, Kim discloses the positive electrode active material of claim 1, and having the material as disclosed would provide the positive electrode active material, the content of nickel in the lithium site is less than 5 atomic percent, and the examiner notes when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
As to claim 3, Kim discloses the positive electrode active material as measured by X-ray diffraction analysis, the content of Li2CO3 present in the positive electrode active material is less than 0.5 wt%. (Li.sub.2CO.sub.3, 0.01 to 10 parts per 100 parts which overlaps the claimed weight percent. [0007]m range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 4, Kim discloses as measured by X-ray diffraction analysis, the content of Li20 present in the positive electrode active material is less than 1.0 wt%. (Li.sub.2O, 0.01 to 10 parts per 100 parts which overlaps the claimed weight percent. [0007] range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 5, Kim discloses the positive electrode active material b is 0.85<b<1 in the Chemical Formula 1. (where b=1-y of formula (1) [0009], and y= 0, 0.15 would overlap the claimed range, range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)..)
As to claim 6, Kim discloses the positive electrode active material of claim 1, wherein: b is 0.90<b<1 in the Chemical Formula 1. (where b=1-y of formula (1) [0009], and y= 0, 0.10 would overlap the claimed range , range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).)
As to claim 7, Kim discloses a manufacturing method of positive electrode active material for lithium secondary battery: mixing a positive electrode active material precursor (formula (1) [0009]) containing a compound represented by Chemical Formula 11 (formula (5) [0010]) and a lithium raw material at a molar ratio of 1: 1.03 to 1: 1.3 (the lithium raw material and the lithium nickel-based metal oxide within a mol range of less than about 1.1 [0027], which overlaps the claimed mole ratio), and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)..)
heating them in the temperature range of 680 °C to 780 °C (600°C - 1000°C [0029] which overlaps the claimed range):
[Chemical Formula 11]
Nib11M11l-b11 (OH)2 in the Chemical Formula 11, 0.8<b11<1 is at least one element selected from Co, Mn, Al, Mg, Ca, Ti, V, Cr, Zr, Nb, Mo, and W. ([0028],
where Kim’s formula (5) Ni.sub.KM.sub.1-K, where 0.5 < K ≤ 1 would overlap the claimed range of chemical formula (11) as claimed.)
As to claim 8, the rejection of claim 7 is incorporated, Kim discloses the precursor containing the compound represented by Chemical Formula 11 and the lithium raw material are mixed at a molar ratio of 1: 1.03 to 1: 1.25. (the lithium raw material and the lithium nickel-based metal oxide within a mol range of less than about 1.1 [0027], which overlaps the claimed mole ratio [0027-0028])
As to claim 9, the rejection of claim 7 is incorporated, Kim discloses heat treatment of a mixture of a precursor containing a compound represented by Chemical Formula 11 and a raw material of lithium in a temperature range of 700 °C to 750 °C. (600°C - 1000°C which overlaps the claimed range [0027-0029])
As to claim 9, the rejection of claim 7 is incorporated, Kim discloses the heat treatment maintains for 5 to 20 hours. (about 10 hours, which overlaps the claimed range [0029])
As to claim 11, Kim discloses a lithium secondary battery, comprising: a positive electrode comprising a positive electrode active material [0012] according to any one of a positive electrode comprising a positive electrode active material according to any one of a negative electrode, a separator positioned between the positive electrode and the negative electrode, and an electrolyte [0047].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Watanabe et al. (US2020/0119342A1) Lithium Nickel Co M oxide with impurities
of lithium carbonate.
Ishill et al. (US2006/0134520A1) Positive active material with Li2O and Li2CO3.
Eom et al. (US2022/0190326A1) Method of making positive active material.
Liu et al. (CN111799454A) A high nickel layered electrode material with niobium-
containing nano surface layer,
Wang et al. (CN111834631A) A preparation method of lithium ion battery high
nickel positive electrode material,
Eom et al. (KR2020-0131179) The steps of preparing a lithium composite
transition metal oxide for an active material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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