DETAILED ACTION
Drawings
The drawings are objected to because the boxes in Figure 5 are blank. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2, 5-7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomura (US 2013/0309580).
Regarding claims 1, 2, and 7, Tomura discloses coated active material 10 and battery comprising:
an active material 1;
and a coating layer 2 (Fig. 1).
More specifically, LiNi1/3Co1/3Mn1/3O2 was coated with lithium tungstate, Li2WO4 (para 0097: Example 1). Figure 1 to Tomura is provided below.
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Regarding claim 5, Tomura discloses a cathode current collector (para 0075).
Regarding claim 6, Tomura further discloses an anode current collector (para 0075) and separator (para 0073).
Regarding claim 11, Tomura discloses adding the active material particles to an aqueous solution of lithium tungstate using tumbling flow coating (stirring) for a predetermined period of time at a first predetermined temperature (para 0097: Example 1).
Claims 1, 2, 4, 7, 9, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN 113078316), machine translation.
Regarding claims 1, 2, 4, 7, 9, and 10, Wang discloses lithium-manganese-rich positive electrode material coated by lithium molybdate comprising:
lithium-manganese-rich positive electrode material; and
Li2MoO4 coating layer (abstract; Fig. 1).
Figure 1 to Wang is provided below.
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Claim Rejections - 35 USC § 103
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 3, 5, 6, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 113078316), machine translation.
Regarding claims 3 and 8, Wang teaches Li2MoO4 coating layer accounts for 1%-10% of the mass fraction of the Li2MoO4 coated lithium-rich manganese-based layered oxide cathode material (translation: p. 4, lines 3-5), which overlaps Applicant’s claimed range of 0.01 wt.% to 2 wt.%; and the thickness of the Li2MoO4 coating layer is 2-50 nm (translation: p. 7, last two lines), which overlaps Applicant’s claimed range of 0.5 nm to 20 nm.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have the recited weight percent and thickness because a prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "[ A ] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP 2144.05.
Regarding claims 5 and 6, Wang teaches the above cathode material and a lithium battery anode (translation p. 5, lines 19-21: “third aspect”).
Wang does not expressly teach a cathode current collector, anode current collector, and separator; however, these features are commonly known in art and would have been obvious to include in a lithium secondary battery.
Regarding claim 20, Wang teaches lithium-manganese-rich positive electrode material coated by lithium molybdate comprising:
lithium-manganese-rich positive electrode material; and
Li2MoO4 coating layer (abstract; Fig. 1).
Wang further teaches coated lithium-rich manganese-based layered oxide cathode material is spherical, with a particle size of 0.5-5um (p. 4, lines 1-2), which overlaps Applicant’s claimed range of 5 µm to 80 µm, the Li2MoO4 coating layer accounts for 1%-10% of the mass fraction of the Li2MoO4 coated lithium-rich manganese-based layered oxide cathode material (translation: p. 4, lines 3-5), which overlaps Applicant’s claimed range of 0.01 wt.% to 2 wt.%; and the thickness of the Li2MoO4 coating layer is 2-50 nm (translation: p. 7, last two lines), which overlaps Applicant’s claimed range of 0.5 nm to 20 nm. See MPEP 2144.05.
Allowable Subject Matter
Claims 12-19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571)272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723