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.
Claims 5-11 are 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 5 recites the limitation " the mixture”. There is insufficient antecedent basis for this limitation in the claim. Claims 6-11 are rejected as depending upon claim 5 but fail to correct the 112 issue.
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.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over US2019/0044135A1 (Du).
Regarding claims 1, 2, 4 and 12-13, Du teaches a lithium ion battery comprises a positive electrode , a negative electrode, a separator and a non-aqueous electrolyte ([0040]-[0046]).
Du teaches that the positive electrode comprises a modified positive electrode active material comprising a positive electrode active material substrate, a first oxide layer coated on the surface of the positive electrode active material substrate, and a second oxide layer coated on the surface of the first oxide layer ([0005] and Fig. 1).
Du exemplifies the positive electrode active material substrate as LiNi0.8 Co0.1Mn0.1O2 ([0050]), which meets the claimed nickel amount and formula 1 wherein a is 1, x is 0.8, y is 0.1, M1 is Mn, z is 0.1 and w is 0.
Du teaches the first oxide layer is selected from one or more of the oxides of one or more Al, Zr, Mg, Ti, etc., in an amount of 0.01% to 2% ([0005], [0021] and [0024]), and the second oxide layer includes B exemplified in an amount of 0.01 to 0.3% ([0021], [0024] and Table 1), thus the presence of Ti in the coating layer in an amount of 0.01 to 2%, i.e., 100 ppm to 20000 ppm, and B in an amount of 0.01 to 0.3%, i.e., 100 ppm to 3000ppm, which encompasses the claimed amount of Ti and B, respectively.
One of ordinary skill in the art at the time the invention was made would have found it obvious to include titanium and boron in the coating layer at the instantly claimed range since it has been held that in the case where the claimed ranges “overlap or lie inside range disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. See MPEP 2144.05, In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980); In re Aller, 220 F2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and In re Hoeschele, 406 F2d 1403, 160 USPQ 809 (CCPA 1969).
Regarding claim 3, Du teaches that the positive electrode active material substrate comprises s secondary particles formed by agglomeration of the primary particles([0027] and Fig. 2), wherein the coating is distributed inside and on a surface of the secondary particles (Fig. 4).
Regarding claims 5-7 and 11, Du teaches a process for preparing the modified positive electrode active material comprises the steps of: (i) dry mixing homogeneously a positive electrode active material substrate LiNi0.8 Co0.1Mn0.1O2 with first oxide layer itself or the precursor thereof, exemplified as TiO2, (ii) mixing homogeneously the substance obtained in step (i) with second oxide itself or the precursor thereof, exemplified as H3BO3 followed by sintering([0006], [0029], [0080] and [0085]), which meets the claimed method.
Regarding claim 8, Du teaches that elemental Ti is present in an amount of 0.01% to 2% ([0005], [0021] and [0024]), and exemplifies 0.50 g TiO2 raw material mixed with 100 g positive electrode active material substrate LiNi0.8 Co0.1Mn0.1O2 to achieve 0.3% elemental titanium in the coating([0080]), thus the amount of the titanium raw material TiO2 mixed needs to be in an range of 0.016 part to 3.3 part per 100 part of positive electrode active material substrate to achieve the 0.01% to 2% of elemental Ti in the coating, estimated by the examiner, which overlaps with the claimed range and a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Regarding claim 9, Du exemplifies 0.03 g and 0.65g boron oxide is mixed to achieve 0.01 and 0.2% of elemental boron in the coating layer, respectively ([0051] and [0073]), which overlaps with the claimed amount and a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Regarding claim 10, Du exemplifies a sintering temperature of 450°C ([0051] and [0085]), which meets the claimed temperature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766
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