DETAILED ACTIONNotice 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 .
Claim Objections
Claim 6 is objected to because of the following informalities:
In Claim 6, line 1, remove the first instance of “particle size of”.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN103794752A).
With regard to Claim 1, Wang discloses a lithium nickel manganese oxide core-shell material, comprising a core, composed of a first lithium nickel manganese oxide material, and a shell, covering the core and composed of a second lithium nickel manganese oxide material, wherein the first lithium nickel manganese oxide material and the second lithium nickel manganese oxide material contain manganese and nickel, and the ratio of manganese and nickel in the first lithium nickel manganese oxide material is different from the ratio of manganese and nickel in the second lithium nickel manganese oxide material (Claim 1; A core-shell structured high-voltage lithium nickel manganese oxide cathode material, characterized in that the high-voltage lithium nickel manganese oxide cathode material has a core-shell structure, wherein the core layer material is LiNi0.5-xMn1.5+xO4, x is 0.002~0.12, the shell layer material is LiNi0.5Mn1.5O4).
With regard to Claims 2 and 3, Wang discloses the material wherein the first lithium nickel manganese oxide material is represented by LiNi0.5-xMn1.5+xO4, and wherein x is 0.002-0.12, and wherein the second lithium nickel manganese oxide material is represented by LiNi0.5Mn1.5O4 (Claim 1; A core-shell structured high-voltage lithium nickel manganese oxide cathode material, characterized in that the high-voltage lithium nickel manganese oxide cathode material has a core-shell structure, wherein the core layer material is LiNi0.5-xMn1.5+xO4, x is 0.002~0.12, the shell layer material is LiNi0.5Mn1.5O4).
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 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (“Suppressed phase separation in spinel LiNi0.5Mn1.5O4 cathode via interstitial sites modulation”) in view of Wang et al. (CN103794752A).
With regard to Claims 1-3, Han teaches a lithium nickel manganese oxide material, comprising a core, composed of a first lithium nickel manganese oxide material (Abstract; Page 2, 2.1. Preparation of LNMO).
Han is silent to a shell, covering the core and composed of a second lithium nickel manganese oxide material, and wherein the ratio of manganese and nickel in the first lithium nickel manganese oxide material is different from the ratio of manganese and nickel in the second lithium nickel manganese oxide material. Han is further silent to the material wherein the first lithium nickel manganese oxide material is represented by LiNixMnyO4, wherein x+y=2, x=0.3-0.5, and y=1.5-1.7, and wherein the second lithium nickel manganese oxide material is represented by LiNixMnyO4, wherein x+y=2, x=0.5-0.7, and y=1.3-1.5.
Wang teaches a core-shell structure, wherein the core is the first lithium nickel manganese oxide material and is represented by LiNi0.5-xMn1.5+xO4, and wherein x is 0.002-0.12 (as opposed to the core structure of LiNi0.5Mn1.5O4 disclosed in Han), and wherein the shell is the second lithium nickel manganese oxide material and is represented by LiNi0.5Mn1.5O4 (Claim 1; A core-shell structured high-voltage lithium nickel manganese oxide cathode material, characterized in that the high-voltage lithium nickel manganese oxide cathode material has a core-shell structure, wherein the core layer material is LiNi0.5-xMn1.5+xO4, x is 0.002~0.12, the shell layer material is LiNi0.5Mn1.5O4).
Wang discloses that the core-shell material avoids dissolution of manganese and improves cycle performance (Page 2 of translation, Summary of the invention; The object of the present invention is to provide a high voltage lithium nickel manganese oxide cathode material and a preparation method thereof, which utilizes the advantages of the rate performance of the core layer material containing Mn 3+ and is coated with a layer containing no Mn3+ The shell material avoids the dissolution of manganese and improves the cycle performance). This is similarly disclosed in Han (Page 2, 3. Results and discussion; The reduction of Mn3+ is beneficial for lessening the disproportionation reaction of Mn3+ upon electrochemical cycling, reducing Mn2+ formation and improving structural stability).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Han to teach a core-shell structure, wherein the core is the first lithium nickel manganese oxide material and is represented by LiNi0.5-xMn1.5+xO4, and wherein x is 0.002-0.12, and wherein the shell is the second lithium nickel manganese oxide material and is represented by LiNi0.5Mn1.5O4, as taught in Wang, as the core-shell material avoids dissolution of manganese and improves cycle performance.
With regard to Claims 4 and 6, Han teaches the material wherein the first lithium nickel manganese oxide material has a particle size of 10-12 μm (Fig. S6(a)). The scale used is 5 μm, thus it can be shown that the particle size is approximately 10 μm.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Wang, herein known as modified Han, as applied to claim 1 above, and further in view of Sun et al. (US 2008/0193841 A1).
With regard to Claims 5 and 7, modified Han is silent to the material wherein the second lithium nickel manganese oxide material has a particle size of 3-6 μm, further wherein the second lithium nickel manganese oxide material has a particle size of 4-5 μm.
Sun teaches a core-shell cathode active material wherein the shell is lithium nickel manganese oxide and has a thickness, or shell particle size, of 3-50% of the core diameter, resulting in a range of 0.3-5 μm based on a 10 μm diameter (Paragraph 0059, the cathode active material ranges in average diameter from 1 to 50 μm, with the shell as thick as 3-50% of the total thickness… The thickness of the shell layer is limited to up to 50% of the total diameter). Sun notes that limiting the thickness of the shell layer within the diameter range improves capacity and cell efficiency (Paragraph 0059, Within the diameter range, the active material has high applicability and packing density, leading to an improvement in the capacity and cell efficiency of the secondary batteries. The thickness of the shell layer is limited to up to 50% of the total diameter in order not to decrease the capacity).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for modified Han to teach the material wherein the second lithium nickel manganese oxide material has a thickness, or shell particle size, of 3-50% of the core diameter (0.3-5 μm based on a ~10 μm diameter in Han), as taught in Sun, as limiting the thickness of the shell layer within the diameter range improves capacity and cell efficiency. Furthermore, as set forth in MPEP 2144.05(I), in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists. 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sun et al. (“High-energy cathode material for long-life and safe lithium batteries”) teaches a core-shell structure comprising lithium, nickel, and manganese, wherein the ratio of manganese and nickel is different between the core and shell. However, the core-shell structure contains cobalt, in addition to nickel and manganese.
Jo et al. (“Nanoparticle-Nanorod Core-Shell LiNi0.5Mn1.5O4 Spinel Cathodes with High Energy Density for Li-Ion Batteries”) teaches a core-shell structure consisting of nanoparticle and nanorod assemblies. However, the reference does not disclose differing ratios of manganese and nickel.
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/ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736
/RICHARD M RUMP/Primary Examiner, Art Unit 1759
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