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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published application US 2024/0047672 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Response to Amendments and Arguments
Applicant’s amendments and Remarks filed on 16 June 2026 in response to the Non-Final Rejection dated 18 March 2026 have been entered and fully considered, respectively. Claim 1 has been amended and claim 7 remains withdrawn. As such, claims 1-6 remain pending and under consideration on the merits.
Applicant’s arguments on Pages 4-10 of the Remarks, directed to the rejection of claim 1 under 35 U.S.C. 103 as obvious over Sakano, have been fully considered.
Applicant's arguments are moot, as the 35 U.S.C. 103 rejection over Sakano previously set forth in the Non-Final Rejection is overcome and hereby withdrawn as a result of the amendments to claim 1.
New grounds of rejection are set forth below, necessitated by the amendments to the claims and made in view of newly cited prior art identified as a result of additional search and consideration completed by the undersigned Examiner.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tsutomu et al. (JPH11354118A, herein English machine translation is utilized for all citations; “Tsutomu”).
Regarding claim 1, Tsutomu discloses a lithium ion secondary battery/non-aqueous lithium secondary battery [0001-0004] comprising a positive electrode [0004-0005] with a positive electrode active material (a positive electrode active material) [0004-0005]. The positive electrode active material is a lithium-containing nickel composite oxide made from raw powder materials (lithium nickel composite oxide powder) [0006 section 26, 0024-0025, 0031], and is represented by the following: LixNi1-yDyOb-aXa, wherein D is one or more elements selected from Mn, Cr, Fe, Co, Cu, Zn, Mo, Ag, W, B, Al, Ga, In, Sn, Pb, Sb, P, and X is a halogen element, with 0.2 < x ≤ 1.2, 0.1 ≤ y ≤ 0.5, 1.8 ≤ b ≤ 2.3, and 0 ≤ a ≤ 1.0 [0006 section 26, 0024-0025]. A secondary particle size of the positive electrode active material is 1 to 30 μm [0032], of which overlaps with the claimed d range, 1.0 ≤ d ≤ 1.7, thereby rendering the range obvious (MPEP 2144.05(I)). The positive electrode active material has a specific surface area more preferably between 0.3 to 3 m2/g [0033], of which overlaps with the claimed range, 1.2 m2/g or more and 2.5 m2/g or less, thereby rendering the range obvious (MPEP 2144.05(I)).
Tsutomu remains silent regarding the following relationship is satisfied: 0.1 ≤ d x R x R ≤ 0.4, wherein R is a dimensionless quantity, and represents a ratio of a height of a second peak with respect to a height of a first peak in an absorption spectrum of oxygen by X-ray absorption fine structure spectroscopy, the first peak has a peak top within 529 eV to 530 eV, and the second peak has a peak top within 533 eV to 534 eV.
However, the lithium-containing nickel composite oxide made from raw powder materials of Tsutomu is substantially identical or identical to the claimed and disclosed lithium nickel composite oxide powder in Applicant's specification in terms of:
being represented by the following: LixNi1-yDyOb-aXa, wherein D is one or more elements selected from Mn, Cr, Fe, Co, Cu, Zn, Mo, Ag, W, B, Al, Ga, In, Sn, Pb, Sb, P, and X is a halogen element, with 0.2 < x ≤ 1.2, 0.1 ≤ y ≤ 0.5, 1.8 ≤ b ≤ 2.3, and 0 ≤ a ≤ 1.0, of which corresponds to the claimed and disclosed formula (4) [Claim 4, Applicant’s Specification ¶0056-0060], with
a secondary particle size between 1 to 30 μm, of which overlaps with the claimed and disclosed range [Claim 1, Applicant’s Specification ¶0052], and
a specific surface area between 0.3 to 3 m2/g, of which overlaps with the claimed and disclosed range [Claim 1, Applicant’s Specification ¶0054], wherein
it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have pulverized/grinded the lithium-containing nickel composite oxide secondary particles to be between 1 to 30 μm, via customary grinding methods such as ball mills, vibratory mills, planetary ball mills, and jet mills, under an inert gas environment, as ceramic and silicon materials within Tsutomu ¶0016 are grinded in this manner, and Tsutomu ¶0060 positive electrode active material is mixed under dry air (see MPEP 2143(I)(D), MPEP 2143(I)(F)).
Given that the lithium-containing nickel composite oxide made from raw powder materials of Tsutomu is substantially identical or identical to the claimed and disclosed lithium nickel composite oxide powder in terms of the foregoing elements (a)-(d), it stands to reason, and there is a strong expectation, that the lithium-containing nickel composite oxide made from raw powder materials of Tsutomu would have necessarily satisfied the following relationship: 0.1 ≤ d x R x R ≤ 0.4, wherein R is a dimensionless quantity, and represents a ratio of a height of a second peak with respect to a height of a first peak in an absorption spectrum of oxygen by X-ray absorption fine structure spectroscopy, the first peak has a peak top within 529 eV to 530 eV, and the second peak has a peak top within 533 eV to 534 eV, 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).
Regarding claim 2, in view of the rejection of claim 1 above, Tsutomu remains silent regarding a relationship of the following formula (3) is further satisfied: 0.32 R 0.49.
In view of the totality of the foregoing, the lithium-containing nickel composite oxide made from raw powder materials of Tsutomu is substantially identical or identical to the claimed and disclosed lithium nickel composite oxide powder in terms of the foregoing elements (a)-(d), in ¶9 above. As such it stands to reason, and there is a strong expectation, that the lithium-containing nickel composite oxide made from raw powder materials of Tsutomu would have necessarily further satisfied a relationship of the following formula (3): 0.32 R 0.49, as claimed, absent a showing of factually supported objective evidence to the contrary. See ¶7-10 above. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Regarding claim 3, the rejection of claim 1 above reads on the ratio of an amount of substance of Ni defined by claim 3. The lithium-containing nickel composite oxide made from raw powder materials [0006 section 26, 0024-0025, 0031], is represented by the following: LixNi1-yDyOb-aXa, wherein D is one or more elements selected from Mn, Cr, Fe, Co, Cu, Zn, Mo, Ag, W, B, Al, Ga, In, Sn, Pb, Sb, P, and X is a halogen element, with 0.2 < x ≤ 1.2, 0.1 ≤ y ≤ 0.5, 1.8 ≤ b ≤ 2.3, and 0 ≤ a ≤ 1.0 [0006 section 26, 0024-0025], therefore, Ni is present in an amount 0.5-0.9 with respect to the D element(s), thereby reading on with respect to a total amount of substance of atoms other than Li and oxygen in the lithium nickel composite oxide powder, as claimed, wherein Ni present in an amount 0.5-0.9 overlaps with the claimed range, a ratio 0.5 or more, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 4, the rejection of claim 3 above reads on the lithium nickel composite oxide powder defined by claim 4. The lithium-containing nickel composite oxide made from raw powder materials [0006 section 26, 0024-0025, 0031], is represented by the following: LixNi1-yDyOb-aXa, wherein D is one or more elements selected from Mn, Cr, Fe, Co, Cu, Zn, Mo, Ag, W, B, Al, Ga, In, Sn, Pb, Sb, P, and X is a halogen element, with 0.2 < x ≤ 1.2, 0.1 ≤ y ≤ 0.5, 1.8 ≤ b ≤ 2.3, and 0 ≤ a ≤ 1.0 [0006 section 26, 0024-0025], of which reads on the claimed formula (4) defined by claim 4. The variable D of Tsutomu’s lithium-containing nickel composite oxide composition encompasses the element Mn, and reads on the claimed variable M in formula (4). The variable X of Tsutomu’s lithium-containing nickel composite oxide composition encompasses the elements F, Cl, and Br, and reads on the claimed variable C in formula (4). Each and every variable range in Tsutomu’s lithium-containing nickel composite oxide composition overlaps with their corresponding claimed variable range, thereby rendering each variable range obvious (MPEP 2144.05(I)).
Regarding claim 5, the rejection of claim 1 above reads on the positive electrode defined by claim 5. The positive electrode (a positive electrode) [0004-0005] comprises the positive electrode active material set forth above in the rejection of claim 1.
Regarding claim 6, the rejection of claim 5 above reads on the lithium ion battery defined by claim 6. The lithium ion secondary battery/non-aqueous lithium secondary battery (a lithium ion battery) [0001-0004] comprises the positive electrode set forth above in the rejection of claim 5.
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 l.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 l.17(a)) pursuant to 37 CFR l.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 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
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