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
Applicant’s election without traverse of claims 1-5 in the reply filed on 07/08/2026 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christensen (US-20130330616-A1), and in further view of Sugiyama (US-20210119199-A1).
Regarding claim 1, Christensen discloses a positive electrode active material for a lithium ion battery (see e.g., Christensen; [0005]-[0006]), the material comprising: a core portion having a crystalline structure with an 03 structure (see e.g., Christensen; [0006], [0018], [0048], [0070], fig. 1, [0106]); and a shell portion that covers the core portion (see e.g., Christensen; [0007], [0020], [0031], [0034], [0074], fig. 1, [0106]).
Christensen discloses that the shell structure has a crystalline O3 structure (see e.g., Christensen; [0007]). Christensen does not explicitly disclose the shell structure has at least one type of crystalline structure selected from the group consisting of an 02 structure, a T#2 structure, and an 06 structure. However, Sugiyama discloses a layered composite particle which similarly is a sodium transition metal oxide that comprises of a crystalline O3 structure with a crystalline O2 structure (see e.g., Sugiyama; [0009], [0015], fig. 1, [0046]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shell portion of the positive active material particle disclosed by Christensen to include an crystalline O2 particle as disclosed by Sugiyama in order to provide both high potential and high degree of stability (see e.g., Sugiyama; [0009], [0017], [0025]), which avoids the disadvantages of the individual O2 and O3 materials including insufficient average discharge potential and low degree of stability at high potential (see e.g., Sugiyama; [0025]).
Regarding claim 2, modified Christensen teaches the positive electrode active material for a lithium ion battery according to claim 1. Christensen also discloses wherein the thickness of the shell layer is in the range of 0.5 to 20 micrometers (see e.g., Christensen; [0076]), and the composite particle may have any size but desirably in the range of 1 to 25 micrometers (see e.g., Christensen; [0077]), which implies that the core portion may have a diameter of 0.5 to 24.5 micrometers, which overlaps with the claimed R1 of the core portion and R2 of the active material satisfying the range of formula A and B of (R2-R1)/2 ≥ 10 nm and (R2-R1)/R2 ≥ 0.01 (for example, wherein the diameter core portion is 10 micrometers corresponding to R1 and the diameter of the particle is 15 micrometers corresponding to R2, (R2-R1)/2 is 2.5 μm and (R2-R1)/R2 is 0.33). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a particle size of 1-25 micrometers and the core diameter of 0.5-24 μm as disclosed by Christensen in order to readily adjust the irreversible capacity (see e.g., Christensen; [0036]).
Regarding claim 3, modified Christensen teaches a positive electrode material (see e.g., Christensen; [0006], [0008], [0062], [0083]-[0084]), comprising the positive electrode active material for a lithium ion battery of claim 1.
Regarding claim 4, modified Christensen teaches a positive electrode (see e.g., Christensen; [0006], [0008], [0062], [0083]-[0084]), comprising the positive electrode material of claim 3.
Regarding claim 5, modified Christensen a solid-state (see e.g., Christensen; [0091], regarding wherein the electrolyte may be a solid such that the battery is solid-state) battery including the positive electrode active material for a lithium ion battery of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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