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 .
This is a final office action in response to Applicant's remarks and amendments filed on 01/30/2026. Claims 1 and 8 are currently amended. Claim 13 is newly added. Claims 1-13 are pending review in this action. The previous objection regarding Claim 8 is withdrawn in light of Applicant's amendment to Claim 8. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1. New grounds of rejection necessitated by Applicant's amendments are presented below.
Claim Rejections - 35 USC § 102
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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US 2018/0040896 A1).
The examiner notes that although Choi et al. (US 2018/0040896 A1) shares a common Applicant with the instant application, it qualifies as prior art under 35 U.S.C. 102(a)(1) as it was published on February 8th, 2018, which is before the effective filing date of the instant application (June 16th, 2022).
Regarding Claim 1, Choi discloses a positive electrode active material (lithium secondary battery positive active material) for a lithium secondary battery, comprising primary particles capable of reversible intercalation/deintercalation of lithium ions and a secondary particle in which the primary particles are aggregated (Figures 9 and 11, [0010, 0023, 0052]). Choi further discloses that the primary particle is a lithium composite oxide (lithium complex oxide) which may comprise Ni, Co, Mg, Al, and Ti [0018, 0049-0052]. Choi further discloses that Ni may have a constant concentration throughout the positive electrode active material (lithium secondary battery positive active material), thus, as the positive electrode active material (lithium secondary battery positive active material) is in the form of secondary particles formed from primary particles, the primary particles would be understood to have a constant concentration of Ni throughout (Fig. 20, [0127]).
The examiner notes that the terms “an average atomic proportion”, “a first region”, and “a second region” as written are broad limitations and are subject to the broadest reasonable interpretation during the review of the prior art.
Figure 11 of Choi displays three individual spots on the surface of a secondary particle of the positive electrode active material (lithium secondary battery positive active material) and a graphical representation of the concentration variation of Ni, Co, and Al from the three individual spots based on a distance from the surface to the center of the secondary particle (Figure 11, [0078]). Choi further discloses that the bar-shaped primary particles of the positive electrode active material (lithium secondary battery positive active material) are located at the surface of the secondary particles (Figure 9, [0075]). As such, the skilled artisan would appreciate that each of the three individual spots highlighted in Figure 11 would be considered primary particles.
Therefore, by taking individual spot (1) as “a primary particle”, “a first region” can be selected to be the region located at ~1.05 µm, “a second region” can be selected to be the region located at ~0.6 µm, and “an average atomic proportion” (a) can be selected to be the average atomic proportion between those two regions (Figure 11).
By doing so, based on the graph provided in Figure 11 for individual spot (1), the skilled artisan would appreciate that when the average atomic proportion (a) of an arbitrary transition metal (Co) present in the primary particle is defined as above detailed, the secondary particle comprises a primary particle in with a first region in which the average atomic proportion of the arbitrary transition metal (Co) present in the primary particle is greater than a, and a second region in which the average atomic proportion of the arbitrary transition metal (Co) is equal to or less than a coexist. Thus, all of the limitations of Claim 1 are met.
Regarding Claim 2, Choi further discloses that based on a cross-sectional TEM image of the secondary particle, at least one region selected from the first region (region located at ~1.05 µm, see Figure 11) and the second region (region located at ~0.6 µm, see Figure 11) in the primary particle in which the first region (region located at ~1.05 µm, see Figure 11) and second region (region located at ~0.6 µm, see Figure 11) coexist is locally present in the primary particle (Figures 9 and 11, [0075, 0078]). Thus, all of the limitations of Claim 2 are met.
Regarding Claim 3, Choi further discloses that based on a cross-sectional TEM image of the secondary particle, at least one region selected from the first region (region located at ~1.05 µm, see Figure 11) and second region (region located at ~0.6 µm, see Figure 11) in the primary particle in which the first region (region located at ~1.05 µm, see Figure 11) and second region (region located at ~0.6 µm, see Figure 11) coexist is present in a plurality in the primary particle (Figures 9 and 11, [0075, 0078]). Thus, all of the limitations of Claim 3 are met.
Regarding Claim 4, Choi further discloses that based on a cross-sectional TEM image of the secondary particle, at least one region selected from the first region (region located at ~1.05 µm, see Figure 11) and the second region (region located at ~0.6 µm, see Figure 11) extends along a direction from the surface to the center of the secondary particle in the primary particle in which the first region (region located at ~1.05 µm, see Figure 11) and the second region (region located at ~0.6 µm, see Figure 11) coexist (Figures 9 and 11, [0074-0075, 0078]).
The examiner notes that the instant claim does not require that the at least one region extends across the entire primary particle along the direction from the surface to the center of the secondary particle. Thus, all of the limitations of Claim 4 are met.
Regarding Claim 5, Choi does not explicitly disclose that the width of the first region (region located at ~1.05 µm, see Figure 11) is smaller than that of the primary particle when a length measured along the direction perpendicular to the extension direction of the first region (region located at ~1.05 µm, see Figure 11) in the primary particle is the width of the primary particle.
However, the examiner notes that the term “a length” as written is a broad limitations and is subject to the broadest reasonable interpretation during the review of the prior art. As such, the skilled artisan would appreciate that there is necessarily “a length” of the primary particle which may be selected as the width of the primary particle and which is indeed larger than the width of the first region (region located at ~1.05 µm, see Figure 11). For example, for “a length” of the primary particle, the skilled artisan may select the sum of the total length of the primary particle and the total length of the closest neighboring primary particles. As such, all of the limitations of Claim 5 are met.
Regarding Claim 6, Choi further discloses that based on a cross-sectional TEM image of the secondary particle, the primary particle in which the first region (region located at ~1.05 µm, see Figure 11) and the second region (region located at ~0.6 µm, see Figure 11) coexist is locally present in a surface portion of the secondary particle (Figures 9 and 11, [0075, 0078]). Thus, all of the limitations of Claim 6 are met.
Regarding Claim 7, Choi further discloses that the primary particle is a lithium composite oxide (lithium complex oxide) comprising at least Ni and Co [0018, 0049-0052]. Choi further discloses that in the primary particle in which the first region (region located at ~1.05 µm, see Figure 11) and the second region (region located at ~0.6 µm, see Figure 11) coexist, the average atomic proportion of Ni is a1 and the average atomic proportion of Co is a2 (Figures 9 and 11, [0075, 0078]). Choi further discloses that the average atomic proportion (b1) of Ni in the first region (region located at ~1.05 µm, see Figure 11) is a1 or less, and the average atomic proportion (b2) of Co in the first region (region located at ~1.05 µm, see Figure 11) is greater than a2 (Figure 11, [0078]). Thus, all of the limitations of Claim 7 are met.
Regarding Claim 8, Choi further discloses that the primary particle is a lithium composite oxide (lithium complex oxide) comprising at least Ni and metals M1, M2, and M3 [0018, 0049-0052]. Choi further discloses that Mn and Co are suitable alternatives to one another for use as a metal in the lithium composite oxide (lithium complex oxide) [0018].
Choi further discloses that in the primary particle in which the first region (region located at ~1.05 µm, see Figure 11) and the second region (region located at ~0.6 µm, see Figure 11) coexist, the average atomic proportion of Ni is a1 and the average atomic proportion of Co is a3 (Figures 9 and 11, [0075, 0078]). Choi further discloses that the average atomic proportion (b1) of Ni in the first region (region located at ~1.05 µm, see Figure 11) is a1 or less, and the average atomic proportion (b3) of Co in the first region (region located at ~1.05 µm, see Figure 11) is greater than a2 (Figure 11, [0078]).
As such, when an embodiment of the lithium composite oxide (lithium complex oxide) comprises Mn rather than Co, as taught by Choi [0018], the skilled artisan would appreciate that the above average atomic proportions displayed in the embodiment showcased in Figure 11 would be expected to meet the limitations as claimed. Thus, all of the limitations of Claim 8 are met.
Regarding Claim 9, Choi further discloses that the lithium composite oxide (lithium complex oxide) particles are prepared from a precursor material which includes a metal (M3), wherein M3 may be introduced as a doping metal [0018-0019]. Thus, all of the limitations of Claim 9 are met.
Regarding Claim 10, Choi further discloses that the entirety of the primary particles (and thus the secondary particles) is a lithium composite oxide (lithium complex oxide) [0018, 0049-0052]. Choi further discloses that the lithium composite oxide (lithium complex oxide) as highlighted in Embodiment 5 may have the formula Li1.02Ni0.903Co0.08Al0.014Mg0.003O2 [0091].
Although Choi does not explicitly disclose a coating layer comprising the oxide, the skilled artisan would appreciate that some arbitrary “surface thickness” of the primary particles may be selected as a “coating layer”. Thus, all of the limitations of Claim 10 are met.
Regarding Claim 11, Choi further discloses a positive electrode slurry composition (slurry), comprising: a positive electrode active material (lithium secondary battery positive active material) according to Claim 1, a conductive material (super-P), and a binder (PVdF) [0141]. Thus, all of the limitations of Claim 11 are met.
Regarding Claim 12, Choi further discloses a lithium secondary battery (coin battery), comprising: a positive electrode (anode) formed by coating a current collector (aluminum foil) with the positive electrode slurry composition (slurry) of Claim 11 [0141-0142]. Thus, all of the limitations of Claim 12 are met.
Allowable Subject Matter
Claim 13 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In the claim set filed 01/30/2026, independent Claim 13 is newly added. The subject matter of Claim 13 overlaps significantly with that of independent Claim 1, but differs in that Claim 13 requires that “based on a cross-sectional TEM image of the secondary particle, at least one region selected from the first region and the second region extends along a direction from the surface to the center of the secondary particle across the entire length in the primary particle in which the first region and the second region coexist”. In an updated search performed by the examiner, no prior art was found which alone or in combination was found which met all of the limitations of the instant claim. Thus, Claim 13 is found to be novel.
Response to Arguments
Applicant’s arguments, filed 01/30/2026, with respect to the rejection of Claims 1-12 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Choi et al. (US 2018/0040896 A1).
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 EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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/E.E.F./Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
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