DETAILED ACTION
The response filed July 27, 2026 has been entered. Applicant has canceled claim 4. Claims 1-3 and 5-14 are pending.
Claim Objections
The previous objection to claim 13 has been withdrawn in view of Applicant’s amendment.
Claim 1 is objected to because of the following informalities:
In claim 1, second to last line, “grown” should be “grow”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (“Yun”, US 2019/0393502 A1).
Regarding claims 1 and 11, Yun discloses a nickel-based active material precursor for a lithium secondary battery including positive electrode including nickel-based active material (title) and teaches supplying raw materials including a complexing agent, a pH adjuster, and a metal-containing raw material for forming a nickel-based active material precursor ([0047]).
The metal-containing raw materials can be nickel, manganese, and cobalt, inter alia ([0053]).
The complexing agent may be ammonia water ([0057]).
The pH adjuster may be sodium hydroxide ([0058]).
Further regarding claim 1 and regarding claims 2-3, Yun teaches a first, second, and third feed rate ([0047]), each increasing in speed (1.2-2.5 times in the second act ([0050]) and 1.1 to 1.5 times in the third act ([0051]).
The first act is considered the formation step and the second and third acts can be considered the growth steps. 2.5 x 1.5 = 3.75. 3.75 would read on claims 2 and 3.
Further regarding claim 1, Yun does not expressly teach the claimed ratios for the feed rates are equal.
However, Yun teaches in [0057] that to control the growth rates of nickel-based active material precursor particles, the amount of a metal-containing raw material added to grow the particles may be increased by about 15% to about 35%, for example, about 25% in the second act compared to the first act. In addition, the feed rate of complexing agent (e.g., ammonia water) in the second act may be increased by about 10% to about 30%, for example, about 20% with respect to the feed rate of complexing agent (e.g. ammonia water) in the first act ([0057]). Yun also teaches increasing the concentration of the complexing agent in the reaction mixture in the second and third act ([0050], [0051]).
In other words, Yun teaches increasing the feed rates in overlapping ranges (15-35% and 10-30%), which would read on equal ratios. Further, Yun clearly appreciates that both concentration and feed rate affect the growth rate of precursor particles.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to control the growth rates of precursor particles by controlling the concentration and feed rate, as well as rate of increase (ratio), with the ranges taught in Yun to achieve a positive active material with enhanced lithium availability and enhanced capacity and lifespan due to suppression of crack formation in the active material during charging and discharging.
As to claim 5, Yun teaches the reaction mixtures was stirred for 6 hours within the above pH range to allow a first act reaction to occur ([0100]).
As to claims 6 and 7, Yun teaches the nickel-based active material precursor may contain Ni up to 85% ([0046]; Ni0.85Co0.1Al0.05).
As to claim 8, Yun teaches the pH of the reaction mixture forming and growing a precursor seed may be about 10.5 to about 11.50 ([0049]) in the first act.
As to claim 9, Yun teaches the pH of the reaction mixture to further grow the precursor seed may be about 10.5 to about 11.50 ([0049]) in the second act.
As to claim 10, Yun teaches the reaction temperature is in a range of about 40oC to about 60oC ([0048]).
As to claims 12 and 13, Yun teaches or suggests substantially the same precursor, so there would be a reasonable expectation that the BET specific surface area, tap density, and particle sizes would be substantially similar.
As to claim 14, Yun teaches a nickel-based active material precursor with the claimed Formula 1, including Al, W, Mo, Cr, Zr, and Ti as M (see [0044]-[0045]).
Response to Arguments
Applicant's arguments have been fully considered but are not found persuasive.
Applicant argues that Yun does not disclose or suggest that the claimed ratios of feed rates are equal.
However, Yun teaches in [0057] that to control the growth rates of nickel-based active material precursor particles, the amount of a metal-containing raw material added to grow the particles may be increased by about 15% to about 35%, for example, about 25% in the second act compared to the first act. In addition, the feed rate of complexing agent (e.g., ammonia water) in the second act may be increased by about 10% to about 30%, for example, about 20% with respect to the feed rate of complexing agent (e.g. ammonia water) in the first act ([0057]). Yun also teaches increasing the concentration of the complexing agent in the reaction mixture in the second and third act ([0050], [0051]).
In other words, Yun teaches increasing the feed rates in overlapping ranges (15-35% and 10-30%), which would read on equal ratios. Further, Yun clearly appreciates that both concentration and feed rate affect the growth rate of precursor particles.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to control the growth rates of precursor particles by controlling the concentration and feed rate, as well as rate of increase (ratio), with the ranges taught in Yun to achieve a positive active material with enhanced lithium availability and enhanced capacity and lifespan due to suppression of crack formation in the active material during charging and discharging.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 DANIEL H. LEE whose telephone number is (571)272-2548. The examiner can normally be reached M-F 8:30-5:00.
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DANIEL H. LEE
Primary Examiner
Art Unit 1746
/DANIEL H LEE/Primary Examiner, Art Unit 1746
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