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 .
Remarks
Claims 1 and 4 have been amended. Claims 2 and 11 have been canceled. Claims 3, 5-10 are as previously presented. Claims 18-22 are newly added. Claims 1, 3-10 and 18-22 are currently examined.
Status of Objections and Rejections
The rejection as set forth within the previous office action have been modified as necessitated by the applicants amendments.
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 1-5 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Myung (US 2016/0248079), and alternatively in view of Li (US 2023/0253617) or Ho (US 2023/0207813).
As to claim 1, Myung discloses a composition ([0006], a cathode material and the lithium phosphate layer formed on the surface, discussed throughout), comprising: a first portion including Ni-rich LiNixCoyMnzO2, where 0.5<x<1, 0<y<1, 0<z<1 ([0009], Li1+x(Ni1−y−zCoyMz)1−xO2 (0≦x≦0.2, 0.01≦y≦0.5, 0.01≦z≦0.5, 0<y+z<1, and M is Mn, Ti, Mg or Al, discussed throughout); a second portion coated on the first portion and including Li3PO4 ([0006]-[0011], discussed throughout); and wherein a molar ratio between Li3PO4 and Ni-rich LiNixCoyMnzO2 ranges from 0.76:100 to 3.8:100 ([0010], 0.25 to 1 wt%, note that the phosphoric acid is a 1:1 within the reaction equations shown in paragraph [0011], the molecular weight of phosphoric acid is 97.994 g/mol, also the molecular weight of LiNi0.8Co0.1Mn0.1O2 which is within the range disclosed by Myung is 97.282 g/mol; thus there is sufficient overlapping ranges).
Myung is silent to wherein the first portion is doped with Al. However, Myung discloses wherein Li1+x(Ni1−y−zCoyMz)1−xO2 (0≦x≦0.2, 0.01≦y≦0.5, 0.01≦z≦0.5, 0<y+z<1, and M is Mn or Al ([0009]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have M being Mn and Al as a mere combing equivalents for the same purpose (see MPEP 2144.06) and/or a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
Alternatively, Li discloses electrochemical energy storage devices sch as lithium ion batteries ([0003]) wherein the positive electrode includes an active material ([0016]) and the active material is Li(NixMnyCozAlp)O2, where 0≤x≤1, 0≤y≤1, 0≤z≤1, 0≤P≤1, x+y+z+p=1 ([0019]). Ho discloses an electrode for a secondary battery ([0010]) wherein the cathode material comprises Li1+xNiaMnbCocAl(1−a−b−c)O2 wherein −0.2≤x≤0.2, 0≤a<1, 0≤b<1, 0≤c<1, and a+b+c≤1 ([0118]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the cathode materials from Li or Ho within Myung as a mere simple substitution of one known element for another to obtain predictable results (see MPEP 2144.06 and MPEP 2143 I).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 2, modified Myung discloses wherein, the elemental metal is Al ([0009], Myung; [0019], Li and [0118], Ho).
As to claim 3, modified Myung discloses wherein, a thickness of the second portion is in a range of 1 nm to 20 nm ([0010], Myung). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
As to claim 4, Myung discloses a lithium-ion battery ([0006], discussed throughout), comprising: a cathode ([0006], discussed throughout) comprising an active material comprising particles ([0009]) having a first portion ([0009]) and a second portion coated on the first portion ([0006]-[0011]) the first portion including Ni-rich LiNixCoyMnzO2, where 0.5<x<1, 0<y<1, 0<z<1 ([0009], Li1+x(Ni1−y−zCoyMz)1−xO2 (0≦x≦0.2, 0.01≦y≦0.5, 0.01≦z≦0.5, 0<y+z<1, and M is Mn, Ti, Mg or Al, discussed throughout); the second portion comprising Li3PO4 ([0006]-[0011], discussed throughout), a lithium anode ([0045]-[0047], note states lithium not lithium metal, thus the anode with have lithium ions, also lithium is a metal), and an electrolyte disposed between the cathode and the lithium anode ([0048]-[0052]).
Myung is silent to wherein the first portion is doped with an element selected from at least Zr, Sn, Nb, Ta, Al and Fe. However, Myung discloses wherein Li1+x(Ni1−y−zCoyMz)1−xO2 (0≦x≦0.2, 0.01≦y≦0.5, 0.01≦z≦0.5, 0<y+z<1, and M is Mng or Al ([0009]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have M being Mn and Al as a mere combing equivalents for the same purpose (see MPEP 2144.06) or a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
Alternatively, Li discloses electrochemical energy storage devices sch as lithium ion batteries ([0003]) wherein the positive electrode includes an active material ([0016]) and the active material is Li(NixMnyCozAlp)O2, where 0≤x≤1, 0≤y≤1, 0≤z≤1, 0≤P≤1, x+y+z+p=1 ([0019]). Ho discloses an electrode for a secondary battery ([0010]) wherein the cathode material comprises Li1+xNiaMnbCocAl(1−a−b−c)O2 wherein −0.2≤x≤0.2, 0≤a<1, 0≤b<1, 0≤c<1, and a+b+c≤1 ([0118]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the cathode materials from Li or Ho within Myung as a mere simple substitution of one known element for another to obtain predictable results (see MPEP 2144.06 and MPEP 2143 I).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
As to claim 5, modified Myung discloses wherein, the electrolyte is a solid-state electrolyte ([0051], Myung).
As to claim 9, modified Myung discloses wherein, the electrolyte is a liquid electrolyte ([0048]-[0050], Myung).
As to claim 10, modified Myung discloses wherein, the liquid electrolyte comprises LiPF6, LiBF4, LiClO4, lithium chelatoborates, electrolyte additive agents, fluoroethylene carbonate (FEC), tris(trinnethylsilyl)phosphate (TMSP), vinylene carbonate (VC), or combinations thereof, in an organic solvent ([0048]-[0050], Myung).
As to claim 11, modified Myung discloses wherein, the elemental metal is Al ([0009], Myung; [0019], Li and [0118], Ho).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over modified Myung as applied to claim 5 above, and further in view of Kannan (A brief review of recent advances in garnet structure solid electrolyte based lithium metal batteries, as cited within the IDS).
As to claim 6, modified Myung discloses wherein a solid electrolyte can be used ([0051]). However, Myung is silent to wherein, the solid-state electrolyte comprises: (i) Li7-3aLa3Zr2LaO12, with L=Al, Ga or Fe and 0<a<0.33; (ii) Li7La3-bZr2MbO12, with M=Bi or Y and 0<b<1; or (iii) Li7-cLa3(Zr2-c,Nc)O12, with N=In, Si, Ge, Sn, V, W, Te, Nb, or Ta and 0<c<1. Kannan disclose a solid electrolyte for lithium ion batteries (introduction) wherein the solid electrolyte comprises : (i) Li7-3aLa3Zr2LaO12, with L=Al, Ga or Fe and 0<a<0.33; (ii) Li7La3-bZr2MbO12, with M=Bi or Y and 0<b<1; or (iii) Li7-cLa3(Zr2-c,Nc)O12, with N=In, Si, Ge, Sn, V, W, Te, Nb, or Ta and 0<c<1 (section 3.3). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the solid electrode from Kannan within Myung as a mere combing prior art elements according to known methods to obtain predictable results or a simple substitution of one known element for another i.e. solid electrolyte (see MPEP 2143 I and 2144.06), furthermore it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention as the solid electrolyte provides high lithium conductivity (section 3.3).
As to claim 7, modified Myung discloses wherein a solid electrolyte can be used ([0051]). However, Myung is silent to wherein, the solid-state electrolyte comprises: Li6.4La3Zr1.4Ta0.6O12, Li6.5La3Zr1.5Ta0.5O12, or combinations thereof. Kannan disclose a solid electrolyte for lithium ion batteries (introduction) wherein the solid electrolyte comprises Li6.4La3Zr1.4Ta0.6O12, Li6.5La3Zr1.5Ta0.5O12, or combinations thereof (section 3.3). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the solid electrode from Kannan within Myung as a mere combing prior art elements according to known methods to obtain predictable results or a simple substitution of one known element for another i.e. solid electrolyte (see MPEP 2143 I and 2144.06), furthermore it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention as the solid electrolyte provides high lithium conductivity (section 3.3).
As to claim 8, modified Myung discloses wherein a solid electrolyte can be used ([0051]). However, Myung is silent to wherein, the solid-state electrolyte comprises: Li10GeP2S12, Li1.5Al0.5Ge1.5(PO4)3, Li1.4Al0.4Ti1.6(PO4)3, Li0.55La0.35TiO3, interpenetrating polymer networks of poly(ethyl acrylate) (ipn-PEA) electrolyte, three-dimensional ceramic/polymer networks, in-situ plasticized polymers, composite polymers with well-aligned ceramic nanowires, PEO-based solid-state polymers, flexible polymers, polymeric ionic liquids, in-situ formed Li3PS4, Li6PS5Cl, or combinations thereof. Kannan disclose a solid electrolyte for lithium ion batteries (introduction) wherein the solid electrolyte comprises Li10GeP2S12, Li1.5Al0.5Ge1.5(PO4)3, Li1.4Al0.4Ti1.6(PO4)3, Li0.55La0.35TiO3, interpenetrating polymer networks of poly(ethyl acrylate) (ipn-PEA) electrolyte, three-dimensional ceramic/polymer networks, in-situ plasticized polymers, composite polymers with well-aligned ceramic nanowires, PEO-based solid-state polymers, flexible polymers, polymeric ionic liquids, in-situ formed Li3PS4, Li6PS5Cl, or combinations thereof (sections 2 and 2.5). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the solid electrode from Kannan within Myung as a mere combing prior art elements according to known methods to obtain predictable results or a simple substitution of one known element for another i.e. solid electrolyte (see MPEP 2143 I and 2144.06), furthermore it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention as the solid electrolyte provides high lithium conductivity (section 2 and 2.5).
Allowable Subject Matter
Claims 18-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 6/17/2026 have been fully considered but they are not persuasive.
The applicants arguments are directed to the dopant. The examiner typed Mg was a typographical error and was meant to be Mn, within the Myung. Furthermore, given that both Mn and Al are dopants used within the cathode active material the examiner maintains that the elements are art recognized equivalents and a mere combining prior art elements according to known methods to obtain predictable results (see MPEP 2144.06 and 2143 I).
Additionally, the applicant argues the additional/alternative rejections of Li and Ho. The applicant argues that there is no motivation and that the materials are not art recognized equivalents. The examiner respectfully disagrees. The materials being art recognized equivalents in enough for the combination of one of ordinary skill within the art at the time of the effective filling date of the invention. Next, the materials are cathode material used within lithium ion batteries and are lithium metal oxides. The materials are art recognized equivalents for intended purpose i.e. cathode materials for lithium ion batteries. The applicant has not shown any criticality or unexpected results to overcome the rejection.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Therefore the examiner maintains the rejections.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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