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 .
Election/Restrictions
2. Applicant’s election without traverse of Invention I, Species A as exemplified by claims 1, 5, and 8-11 in the reply filed on 2/4/26 is acknowledged.
3. Claims 2-4, 6-7, and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/4/26.
Claim Objections
4. Claim 1 is objected to because of the following informalities: the limitation “ comprising at least one transition metal element from among Mn, Ni and Co” in lines 3-4 is improper alternative claiming. Alternative claiming may be set forth as "a material (or at least one material) selected from the group consisting of A, B, and C" or "wherein the material is (or is at least one of) A, B, or C" see MPEP 2173.05(h). For the purpose of this Office Action, the limitation has been interpreted as “ comprising at least one transition metal element from among Mn, Ni or Co”. Appropriate correction is required.
5. Claim 9 is objected to because of the following informalities: the limitation “M is at least one element selected from among B, Mg, Al, K, Ca, Ti, V, Cr, Fe, Cu, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo and W” in lines 4-5 is improper alternative claiming. Alternative claiming may be set forth as "a material (or at least one material) selected from the group consisting of A, B, and C" or "wherein the material is (or is at least one of) A, B, or C" see MPEP 2173.05(h). For the purpose of this Office Action, the limitation has been interpreted as “M is at least one element selected from among B, Mg, Al, K, Ca, Ti, V, Cr, Fe, Cu, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo or W”. Appropriate correction is required.
6. Claim 9 is objected to because of the following informalities: the limitation “The positive electrode active material particles according to claim 1” includes a drafting error. For the purpose of this Office Action, the limitation has been interpreted as “The positive electrode active material particle according to claim 1”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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. Claim(s) 1, 5, 8, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cui et al., “Structure and Interface Design Enable Stable Li-Rich Cathode”, Journal of the American Chemical Society, 2020, Vol. 142, pp. 8918-8927 as cited in IDS dated 2/20/24.
Regarding claim 1, Cui discloses a positive electrode active material particle(abstract, p. 8920, Col. 1, lines 35-38, Fig. 1E), having an O2-type structure(O2-LR-NCM, p. 8920, Col. 1, lines 35-38), comprising at least one transition metal element from among Mn, Ni or Co, with Li and O, as constituent elements(O2-LR-NCM, p. 8919, Col. 2, lines 14-15), and being spherical(p. 8920, Col. 1, lines 35-38, Fig. 1E).
Regarding claim 5, Cui discloses the surface of the particle comprises crystallites(Fig. 1E).
Regarding claim 8, Cui discloses the positive electrode active material particle comprises Li, Mn, Ni, Co and O as constituent elements(O2-LR-NCM, p. 8919, Col. 2, lines 14-15).
Regarding claim 10, Cui discloses a lithium ion secondary battery having a positive electrode, an electrolyte layer and a negative electrode, wherein the positive electrode comprises the positive electrode active material particle according to claim 1 (p. 8920, Col. 2, lines 16-21).
Regarding claim 11, Cui discloses the positive electrode comprises an electrolyte solution(p. 8919, Col. 2, lines 14-26, p. 8920, Col. 2, lines 16-21).
Claim Rejections - 35 USC § 103
10. 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.
11. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
12. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al., “Structure and Interface Design Enable Stable Li-Rich Cathode”, Journal of the American Chemical Society, 2020, Vol. 142, pp. 8918-8927 as cited in IDS dated 2/20/24 as applied to claim 1 above, and further in view of Sugiyama (US 2021/0119207) as cited in IDS dated 5/31/23.
Regarding claim 9, Cui discloses the positive electrode active material particle has a chemical composition represented by Li1.2 Ni0.13 Co0.13 Mn0.54 O2 (p. 8920, Col. 1, Results and Discussion) but does not explicitly disclose LiaNabMnx-pNiy-qCoz-rMp+q+rO2 (where 0<a≤1.00, 0≤b≤0.20, x+y+z=1, and 0<p+q+r≤0.15, and M is at least one element selected from among B, Mg, Al, K, Ca, Ti, V, Cr, Fe, Cu, Zn, Ga, Ge, Sr, Y, Zr, Nb, Mo or W).
Sugiyama teaches the cathode active material has the composition represented by LibNacMnl-sNim-tCon-uM2 s+t+u+O2 where 0<b+c≤1, l+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25, M2 is Al or Mo, when M2 is Al, 1 is not equal to m, and any one of 1 and m is not 0, and a O2 structure and a O3 structure coexist in a single particle of the cathode active material([0014]). Sugiyama teaches the method of producing a cathode active material may include a step of pulverizing a cathode active material after the ion exchange step because the cathode active material is adjusted to have a desired shape and particle diameter when applied to a lithium ion battery([0046]). Sugiyama teaches LiaNabMnx-p Niy-q Coz-r Mp+q+r O2 (where a=0.7, b=0, x+y+z=1, and p+q+r=0, Comparative example 1, Table 1, [0111]-[0114]).
It would have been obvious to one of ordinary skill in the art to modify the positive electrode active material particle of Cui with LiaNabMnx-p Niy-q Coz-r Mp+q+r O2 (where a=0.7, b=0, x+y+z=1, and p+q+r=0 as taught by Sugiyama as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724