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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 7/20/26. Applicant’s arguments have been considered but are not found persuasive. Claims 1-2, 4 and 6-11 are pending. This Action is FINAL, as necessitated by amendment.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/17/26 has been considered by the examiner.
Claims Analysis
The claimed invention recites the term “a single particle”. The term “single particle” is defined in the specification at [0041]:
[0041] The expression “single particle” is a term used to distinguish it from positive electrode active material particles in the form of secondary particles formed by aggregation of tens to hundreds of primary particles which have been typically and generally used, and the single particle in the present invention means a concept including an aggregate particle of 10 or less primary particles. The term “secondary particle” refers to an aggregate, that is a secondary structure, in which primary particles are aggregated through physical or chemical bonding between the primary particles without an intentional aggregation or assembly process of the primary particles constituting the secondary particle.
Thus, the claim term “a single particle” is interpreted as “an aggregate particle of 10 or less primary particles”. The present specification specifically distinguishes between a “single particle” and a “secondary particle”. A “secondary particle” is defined as an “aggregation of tens to hundreds of primary particles”.
Furthermore, claim 1 recites an average particle diameter of the primary particles that aggregate to form the “single particle”. This limitation has not been given patentable weight as it is considered an intermediate product of the claimed positive electrode active material comprising “a single particle”. Claim 4 recites the “single particle has an average particle diameter (D50) of 1 to 10 mm”.
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 1-2, 4 and 6-11 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 1 recites “of transition metals excluding lithium”, which is indefinite. Lithium is not a transition metal. Thus, it is unclear what encompasses “transition metals” in the claim as a non-transition metal is specifically recited as being excluded.
Claim 6 recites M1 may be Al or Mg, which are not transition metals. The claim further recites the molar amount “x” of nickel. However, it is unclear what encompasses “nickel in an amount of 60 mol% or greater with respect to a total number of moles of transition metals excluding lithium” of claim 1 as it is unclear with respect to what claimed elements the nickel amount is based upon. Examiner notes M1 may be transition metals such as V, Ti and/or Zr.
Claim 7 recites the limitation "a positive electrode active material of claim 1" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 7 further recites the limitations “a single particle lithium transition metal oxide” and “the lithium transition metal oxide” that have insufficient antecedent basis in the claim.
To the extent the claims are understood in view of the 35 USC 112 rejections above and the claims analysis section, note the following prior art rejections.
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.
Claim(s) 1-2, 4 and 6-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al., US 2020/0144610 A1.
Hong teaches a positive active material for a rechargeable lithium battery including a nickel-based lithium transition metal oxide including a secondary particle in which a plurality of primary particles are agglomerated, wherein the secondary particle includes a core and a surface layer surrounding the core, and the surface layer includes a plurality of primary particles and a nano-sized cobalt-based lithium transition metal oxide absorbed in the surface layer, between the primary particles (abstract).
The nickel-based lithium transition metal oxide may be a compound represented by Chemical Formula 2: LiaNixCoyMzO2. In Chemical Formula 2, 0.9≤a≤1.05, 0.4≤x≤0.95, 0.1≤y≤0.3, 0.1≤z≤0.3, x+y+z=1, and M is at least one metal element selected from Mn, Al, Cr, Fe, V, Mg, Ti, Zr, Nb, Mo, W, Cu, Zn, Ga, In, Sn, La, and Ce. In Chemical Formula 2, x (indicating a Ni mole ratio) may be about 0.4 to about 0.95. That is, Ni may be included in an amount of about 40 at % to about 95 at % based on a total amount of 100 at % of metals excluding lithium in the positive active material [0057-0059]. The secondary particle may include a small particle diameter secondary particle having an average particle diameter (D50) of about 2 μm to about 5 μm (“single particle”; see also claim 4 of claimed invention), and a large particle diameter secondary particle having an average particle diameter of about 15 μm to about 20 μm [0011]. For example, the secondary particle may be a small particle diameter secondary particle, a large particle diameter secondary particle, or a mixture thereof, wherein the small particle diameter secondary particle (“single particle”) may have an average particle diameter of about 2 μm to about 3 μm, and the large particle diameter secondary particle may have an average particle diameter of about 17 μm to about 20 μm [0047].
The cobalt-based lithium transition metal oxide may have an average particle diameter of about 100 nm to about 200 nm (primary particles) [0012]. Regarding claim 2, the cobalt-based lithium transition metal oxide on the surface layer may form a continuous or substantially continuous layer, or may be present as an island shape or format, which may have a thickness of about 80 nm to about 120 nm [0061].
Regarding the last two lines of claim 1, Hong teaches a content of the cobalt-based lithium transition metal oxide may be about 5 wt % to about 15 wt % based on a total weight of 100 wt % of the positive active material. When the content of cobalt-based lithium transition metal oxide is in the above-described ranges, a mixture density of the positive active material powder and/or a pellet density of the positive electrode may be improved [0056]. Hong teaches the secondary particle may be a small particle diameter secondary particle, a large particle diameter secondary particle, or a mixture thereof, wherein the small particle diameter secondary particle (“single particle”) may have an average particle diameter of about 2 μm to about 3 μm, and the large particle diameter secondary particle may have an average particle diameter of about 17 μm to about 20 μm [0047].
Regarding claim 7, a method of preparing the positive active material includes mixing a nickel-based transition metal hydroxide (see Formula 1 above regarding the mol% of nickel) and a lithium salt (lithium raw material) to prepare a first mixture; first heat-treating the first mixture under a rapid temperature-increasing condition at (to) about 800°C to about 1000°C to prepare a first fired product including residual lithium; mixing the first fired product with a cobalt-based transition metal hydroxide (coating raw material) to prepare a second mixture, and second heat-treating the second mixture at about 750°C to about 950°C to obtain the positive active material [0023]. The rapid temperature-increasing condition may include a process where a temperature of the first mixture is raised from an initial temperature of about 25°C to about 100°C to a first heat-treating reaction temperature of about 800°C to about 1000°C at a rate of about 4°C/min to about 6°C/min. This process may prevent or reduce cation mixing, and may generate a large amount of unreacted residual lithium on the surface of the nickel-based lithium transition metal oxide [0066]. Regarding claim 9, the first heat-treating may be performed under an air atmosphere or an oxidizing gas atmosphere [0067-0068].
Hong does not explicitly teach the small diameter secondary particle is a single particle formed of 10 or less primary particles wherein the primary particles have an average particle diameter of 0.7 to 3 mm, as recited by claim 1. However, one of skill would have found the claimed “single particle” obvious in view of the teaching of Hong that the nickel-based lithium transition metal oxide may be a small particle diameter secondary particle (“single particle”) having an average particle diameter of about 2 μm to about 3 μm. Hong teaches the small diameter secondary particle is formed of a plurality of primary particles. Furthermore, Hong teaches the secondary particle may be a small particle diameter secondary particle, a large particle diameter secondary particle, or a mixture thereof [0047]. The average particle diameter of the primary particles that aggregate to form the “single particle” has not been given patentable weight as it is considered an intermediate product limitation of the claimed positive electrode active material comprising “a single particle”. Claim 4 recites the “single particle has an average particle diameter (D50) of 1 to 10 mm”.
Regarding claim 8, Hong teaches the second heat-treating is performed at about 750°C to about 950°C. Hong further teaches the second heat-treating may be performed by increasing the temperature from an initial temperature of about 25°C to about 100°C up to a reaction temperature of about 750°C to about 950°C at a rate of about 5°C/min to about 10°C/min, maintaining the temperature at about 750°C to about 950°C for about 10 hours to about 15 hours, and then decreasing the temperature at a rate of about 5°C/min to about 10°C/min down to a final temperature of about 25°C to about 100°C [0071]. Thus, the skilled artisan would have known that the second heat-treating is formed at a temperature of 600-700°C during the increasing/decreasing while the second heat-treating is performed.
Response to Arguments
Applicant's arguments filed 7/20/26 have been fully considered but they are not persuasive. The anticipation rejection of claims 1-2, 4-5 and 10-11 in view of Seo has been withdrawn. Claim 1 is amended to include the subject matter of canceled claim 3. The anticipation rejection of claim 7-9 in view of Kim has been withdrawn. Claim 7 has been amended to depend from claim 1.
112
Applicant argues claim 6 has been amended to recite “doping element” and, thus, the indefinite rejection has been overcome. Examiner disagrees. Claim 6 recites M1 may be Al or Mg, which are not transition metals. The claim further recites the molar amount “x” of nickel. However, it is unclear what encompasses “nickel in an amount of 60 mol% or greater with respect to a total number of moles of transition metals excluding lithium” of claim 1 as it is unclear with respect to what claimed elements the nickel amount is based upon. Examiner notes M1 may be transition metals such as V, Ti and/or Zr.
103
Applicant argues Hong does not teach an average particle diameter of the primary particles having a diameter of 0.7 to 3 mm as claimed. The average particle diameter of the primary particles that aggregate to form the “single particle” limitation has not been given patentable weight as it is considered an intermediate product of the claimed positive electrode active material comprising “a single particle”. Claim 4 recites the “single particle has an average particle diameter (D50) of 1 to 10 mm”.
Applicant argues Hong is silent regarding a volume ratio of the LTMO and coating layer, as recited by claim 1. Applicant argues Hong teaches a weight percent of the LTMO and coating layer. Applicant concludes that Hong simply does not teach or suggest the claimed volume ratio. However, Applicant does not provide support for the argument and/or has not addressed the teachings of Hong cited by the Examiner. Hong teaches a content of the cobalt-based lithium transition metal oxide may be about 5 wt % to about 15 wt % based on a total weight of 100 wt % of the positive active material. When the content of cobalt-based lithium transition metal oxide is in the above-described ranges, a mixture density of the positive active material powder and/or a pellet density of the positive electrode may be improved [0056]. Hong teaches the secondary particle may be a small particle diameter secondary particle, a large particle diameter secondary particle, or a mixture thereof, wherein the small particle diameter secondary particle (“single particle”) may have an average particle diameter of about 2 μm to about 3 μm, and the large particle diameter secondary particle may have an average particle diameter of about 17 μm to about 20 μm [0047]. Thus, Hong at least suggests the volume ratio recited by the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cho et al. (US12,107,268 B2) teaches a composite positive electrode active material for a lithium secondary battery. The composite positive electrode active material includes a nickel-based active material and a cobalt-boron compound-containing coating layer formed on a surface of the nickel-based active material (abstract).
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 TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725
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