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 .
Election/Restrictions
Claims 12-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/5/2026.
Applicant’s election without traverse of group I (claims 1-11) in the reply filed on 2/5/2026 is acknowledged.
Claim Rejections - 35 USC § 103
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.
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.
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.
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 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 Mg 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 Mg 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 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 ([0006]-[0011], 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 Mg 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 Mg 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).
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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/BRIAN R OHARA/Examiner, Art Unit 1724