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.
Claim 6 is 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.
Regarding claim 6, the limitation of a bonding strength between the primary macro particles of the secondary micro particles being smaller than the bonding strength between the primary micro particles of the secondary macro particles is indefinite in that it is unclear how the primary macro particles and the primary micro particles are present after the secondary micro particles and the secondary macro particles have been formed. The Examiner is interpreting this limitation of the bonding strength being between the secondary micro particles and the secondary macro particles.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al (CN 110416511 A).
Liu et al (US 2021/0367236 A1) is being used as the English translation for Liu et al (CN 110416511 A).
Regarding claim 1, Liu discloses a positive electrode active material for a lithium secondary battery (cathode material and electrochemical device of a lithium ion battery using the same; paragraphs [0005] and [0067]), comprising:
secondary micro particles (second particles composed of a plurality of fourth particles; paragraph [0042]) having a lithium-M oxide coating layer on all or part of a surface (boron coating on second particles; paragraph [0055]), wherein M is selected from boron (boron coating on second particles; paragraph [0055]), wherein an average particle size (D50) of the secondary micro particles is from 3 to 5 µm (second particles each having average particle diameter of about 3 µm to about 5 µm; paragraph [0041]) formed by agglomeration of primary macro particles having an average particle size (D50) of 1 to 3 µm (fourth particles each having an average particle diameter of about 1 µm to about 3 µm; paragraph [0040]); and
secondary macro particles having an average particle size (D50) of 5 to 20 µm (first particles having an average particle diameter of about 5 µm to about 20 µm; paragraph [0037]) formed by agglomeration of primary micro particles having a smaller average particle size (D50) than the primary macro particles (third particles having an average particle diameter of about 200 nm to about 700 nm; paragraph [0036]),
wherein the primary macro particles and the primary micro particles are represented by LiaNi1-b-c-d-CocMncQdO2+δ, wherein 1.0<a<1.5, 0<b<0.2, 0<c<0.2, 0<d<0.1, 0<b+c+d<0.2, -0.1<δ<1.0, and Q is at least one type of metal selected from the group consisting of Al, Mg, V, Ti and Zr (second precursor of an NCM material of LINi0.85Co0.08Mn0.05Mg0.03O2 and a first NCM precursor of LINi0.84Co0.08Mn0.05Mg0.03O2; paragraphs [0087]-[0088]).
Regarding claim 2, Liu discloses a positive electrode active material (cathode material and electrochemical device of a lithium ion battery using the same; paragraphs [0005] and [0067]) of claim 1 as noted above and Liu discloses the positive electrode active material comprising a ratio of the average particle size (D50) of the secondary macro particles to the average particle size (D50) of the secondary micro particles is 4:1 (first particles and second particles in a mass ratio of 8:2; paragraph [0089]).
Regarding claim 3, Liu discloses a positive electrode active material (cathode material and electrochemical device of a lithium ion battery using the same; paragraphs [0005] and [0067]) of claim 1 as noted above and Liu discloses the positive electrode active material comprising the secondary micro particles are present in an amount of 25 parts by weight based on 100 parts by weight of the secondary macro particles (first particles and second particles in a mass ratio of 8:2; paragraph [0089]).
Regarding claim 4, Liu discloses a positive electrode active material (cathode material and electrochemical device of a lithium ion battery using the same; paragraphs [0005] and [0067]) of claim 1 as noted above and Liu discloses the positive electrode active material comprising M in the lithium-M oxide coating layer is selected from boron (boron coating on second particles; paragraph [0055]).
Regarding claim 5, Liu discloses a positive electrode active material (cathode material and electrochemical device of a lithium ion battery using the same; paragraphs [0005] and [0067]) of claim 1 as noted above and Liu discloses the positive electrode active material comprising M in the lithium-M oxide coating layer is present in an amount of 0.05 to 10 parts by weight based on 100 parts by weight of the secondary micro particles (molar percentage of boron element being 0.2%; paragraph [0088]).
Regarding claim 6, Liu discloses a positive electrode active material (cathode material and electrochemical device of a lithium ion battery using the same; paragraphs [0005] and [0067]) of claim 1 as noted above and Liu discloses the positive electrode active material comprising a bonding strength between the primary macro particles of the secondary micro particles is smaller than a bonding strength between the primary micro particles of the secondary macro particles (first particles formed by tightly bonding a plurality of third particles and second particles formed by stacking a plurality of fourth particles; paragraph [0035]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785
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