DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first
inventor to file provisions of the AIA .
Priority
2. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 07/21/2022. It is noted, however, that applicant has not filed a certified copy of the JP 2022/116510 application as required by 37 CFR 1.55 – an attempt by the Office to electronically retrieve the foreign application under the priority document exchange program was made on 21 December 2023 but failed.
Election/Restrictions
3. Applicant's election of Group I: claims 1-5 in the reply filed on 13 January 2026 is acknowledged.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 6-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Status of Claims
5. Claims 1-7 are pending in the current application, claims 6-7 are withdrawn, and claims 1-5 are under consideration on the merits.
Examiner Note
6. It is noted that all references hereinafter to Applicant’s specification are to the published
application US 2024/0030432 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 102 indicates the element of the claimed invention to which the preceding prior art element corresponds.
Claim Rejections - 35 USC § 102 and/or 103
7. 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.
8. 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.
9. 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.
10. 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.
11. Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) and/or 103 as being anticipated by and/or obvious over Fukui et al. (JP 2015164123 A, herein English machine translation is utilized for all citations, hereinafter Fukui).
12. Regarding claim 1, Fukui discloses a positive electrode active material comprising lithium nickel cobalt composite oxide particles (a secondary particle, the secondary particle includes a primary particle, the primary particle includes a lithium-containing layered transition metal oxide) [0021].
13. Further, Fukui discloses that the positive electrode active material is made by first preparing nickel-cobalt composite hydroxide particles [0013, 0032] from an aqueous solution wherein the percent mass of the solute particles is between 20-30 % by mass [0071], and then mixing the nickel-cobalt composite hydroxide particles with a separately prepared lithium compound, thereby forming a lithium mixture [0101]. The lithium mixture is subjected to a calcination step whereby a heat treatment is conducted in a temperature range between 400-900 °C, for 2-15 hours to form lithium composite oxide particles [0111-0112]. Next, a firing step at a temperature range between 800-1000 °C for a hold time between 4-24 hours is conducted [0116-0118]. Then, the material is cooled to at least 200 °C at a rate of 2-10 °C/min. Lastly, a crushing step is performed to the resulting lithium composite oxide particles, in order to adjust the average particle size within a desired range of 1.00 -5.00 μm [0050, 0121].
14. In particular, Example 1 of Fukui discloses the preparation of the lithium composite oxide particles for use as the positive electrode active material [0141, 0154-0155], wherein nickel sulfate, cobalt sulfate, and manganese sulfate were dissolved in pure water in the following ratio: Ni:Co:Mn = 1:1:1 at a total concentration of 2.0 mol/L [0146]. Then, 25% by mass aqueous sodium hydroxide and 25% by mass aqueous ammonia were added to the reaction tank to initiate a crystallization reaction, with the amount of aqueous sodium hydroxide adjusted to control the pH value. The resulting product was washed with water, filtered, and dried to obtain the nickel-cobalt composite hydroxide particles [0141, 0147-0148]. The drying process included subjecting the product to a heat treatment at 120 °C for 12 hours [0152]. Then, lithium carbonate was mixed with the nickel-cobalt composite hydroxide particles and subjected to a calcination step at 900 °C for 6 hours and then again at 950 °C for 5 hours [0153-0154]. The new product was cooled to room temperature and subjected to a crushing step to obtain the lithium nickel cobalt composite oxide particles for use as the positive electrode active material, represented by the following: Li1.14Ni0.31Co0.38Mn0.31O2 with an average particle size of 2.58 μm [0155-0156].
15. The lithium nickel cobalt composite oxide particles of Fukui is substantially identical or identical to the claimed and disclosed lithium-containing layered transition metal oxide for use as the positive electrode active material in Applicant's Specification Examples 1-5 in terms of: (i) NiSO4, CoSO4, and MnSO4 being dissolved in ion-exchanged water, wherein (ii) the atomic fraction was Ni/Co/Mn = 1/1/1, with (iii) a solute concentration of 30% (mass fraction) in the solution [0072]. (iv) Ammonia water and NaOH were added to the reaction vessel, which allowed for the precipitation of a transition-metal hydroxide material [0056, 0073-0074]. (v) The transition-metal hydroxide material was filtered and dried at 120 °C for 16 hours [0074]. (vi) Then the transition-metal hydroxide material was mixed with Li2CO3 [0075] resulting in a mixture, which was then (vii) subjected to a heat treatment at 800 °C for 8 hours [0076], and then subsequently (vii) cooled to room temperature at a rate ranging between 2-50 °C/min [Table 1], wherein the preferred range of cooling rate may change depending on, for example, the composition of the transition-metal hydroxide material and firing conditions, and is optimized and adjusted so that the half-value width of the luminance is 39 or more [0062-0063]. Lastly, (viii) a crushing step was conducted, resulting in the positive electrode active material having a composition of LiNi1/3Co1/3Mn1/3O2 [0078] and (ix) a D50 particle size distribution between 1-10 μm [0040, 0044].
16. Given that the positive electrode active material of Fukui is substantially identical or identical to the claimed and disclosed positive electrode active material in terms of the foregoing elements (i)-(viii), it stands to reason, and there is a strong and reasonable expectation, that the positive electrode active material of Fukui would have necessarily exhibited a peak half-value width of 39 or more, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
17. Regarding claim 2, the rejection of claim 1 above reads on the positive electrode active material defined by claim 2. It stands to reason, and there is a strong and reasonable expectation, that the positive electrode active material of Fukui would have necessarily exhibited a peak half-value width of 39-65, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
18. Regarding claim 3, Fukui discloses the positive electrode active material set forth above in the rejection of claim 1, and further discloses lithium nickel cobalt composite oxide particles represented by Li1+uNixCoyMnzMtO2, wherein -0.05≤u≤0.50, 0.30≤x≤0.90, 0.10≤y≤0.40, 0≤z≤0.40, and 0≤t≤0.10, and M is inter alia Al [0021], see MPEP 2131.02(II), said alternatively, Li0.95-1.50Ni0.30-0.90Co0.10-0.40Mn0-0.40M0-0.10O2.
19. All aforesaid variables ranges are within their corresponding claimed ranges, Li1-aNixM1-xO2 wherein 0≤x≤1, -0.5≤a≤0.5, said alternatively, Li0.5-1.5Ni0-1M0-1O2.
20. Regarding claim 4, Fukui discloses the positive electrode active material set forth above in the rejection of claim 1, and further discloses a positive electrode comprising the positive electrode active material [0026, 0028-0029, 0124].
21. Regarding claim 5, Fukui discloses the positive electrode active material set forth above in the rejection of claim 4, and further discloses a lithium ion secondary battery, said alternatively, a non-aqueous electrolyte secondary battery (lithium ion battery) comprising the positive electrode [0003, 0028, 0124].
Pertinent Prior Art
22. The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
23. I. Kang et al., US 2004/0234854 A1; discloses a lithium metal oxide with the following composition: Li1+xNiαMnβAγO2 wherein A is Mg, Zn, Al, Co, Ga, B, Zr, or Ti, and 0≤x≤0.2, 0.1≤α≤0.5, 0.4≤β≤0.6, and 0≤γ≤0.1 [0009].
II. Kaneda et al., US 2022/0285676 A1; discloses a firing process to obtain a lithium-nickel composite oxide [0074] which is preferably 700°C-1,000° C [0088] for 3-24 hours [0089] and a positive electrode active material D50 of 10 μm or less [0024].
III. Mitsumoto et al., US 2017/0309908 A1; discloses a heat treatment between 500°C-850° C [0149], a cooling step [0162], and a crushing step [0174].
IV. Malcus et al., US 2009/0299922 A1; discloses a lithium metal oxide with the following composition: LixNiaCobMncO2, wherein x, a, b, and c vary [0011].
V. Tian et al., DOI: 10.1021/acs.accounts.7b00520; discloses a lithium transition metal oxide with the following composition: LiNixCoyMnzO2, wherein x+y+z ≈ 1 [introduction section].
VI. Takahashi et al., JP2021034142A; discloses a lithium transition metal oxide with the following composition: Li1+uNixMnyCozMt wherein -0.05≤u≤0.50, 0.3≤x≤0.95, 0.05≤y≤0.55, 0≤z≤0.4, and 0≤t≤0.1, and M is any one or more of Mg, Ca, Al, Ti, V, Cr, Zr, Nb, Mo, Hf, Ta, and W [0036]. Takahashi further discloses a cooling rate between 2-10 °C/min, more preferably 3.3-7.7 °C/min [0032].
VII. Ishii et al., US 20180205071 A1; discloses a positive electrode active material with the following lithium-metal composite oxide: LiNi1/3Co1/3Mn1/3O2 [0021, 0050].
VIII. Ohsawa et al., US 20190260030 A1; discloses a positive electrode active material with the following lithium-metal composite oxide: LiNi1/3Co1/3Mn1/3O2 [0085].
Conclusion
24. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782