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 Group I, drawn to claims 1-3, in the reply filed on 07/15/2026 is acknowledged.
Claims 4-8 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/15/2026
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagamine et al. (WO-2021220927-A1), hereinafter Nagamine, cited using Espacenet translation.
Regarding claim 1, Nagamine teaches a positive electrode active material ([0007]; [0065] positive electrode active material) at which an oxygen 1s X-ray photoelectron spectroscopy spectrum obtained by X-ray photoelectron spectroscopy measurement ([0166]-[0167] O1’s spectrum or the positive electrode active material) satisfies the following condition 1 or the following condition 2:
condition 1: a peak top does not exist in a region in which a binding energy is from 525 eV to less than 531 eV, and a peak top exists in a region in which the binding energy is from 531 eV to 538 eV; or
condition 2: a ratio of discharge photoelectron intensity Ihe at a peak top, which exists in a region in which the binding energy is from 531 eV to 538 eV, with respect to discharge photoelectron intensity IIe at a peak top, which exists in a region in which the binding energy is from 525 eV to less than 531 eV, is 1 or more ([0166]-[0167]; [0065]; fig. 4A-4B example 1 shows that the peak between 531 eV to 538 eV is greater than the peak between 525 eV to 531 eV, meaning the ratio must be greater than 1).
Regarding claim 2, Nagamine teaches all of the limitations of claim 1. Nagamine also teaches comprising a compound expressed by the following formula 1:
Formula 1: LiaNabMnx-pNiy-qCoz-rMp+q+rO2-δ
Wherein, in formula 1, a, b, x, y, z, p, q, r, and δ are numbers that satisfy 0≤a≤1, 0≤b≤0.05, x+y+z = 1, 0≤p+q+r≤0.20, and 0≤ δ ≤0.3, and M represents at least one selected from the group consisting of B, Mg, Al, K, Ca, Ti, Cr, Ga, Zr, Nb, Mo and W ([0007]; [0152]; Example 1, Li(Ni,Co,Mn)O2, wherein b is 0, p+q+r is 0, δ is 0, a is 1, and x+y+z is 1).
Regarding claim 3, Nagamine teaches all of the limitations of claim 2. Nagamine also teaches wherein, in formula 1, M is Al (Example 1 [0166]-[0167]; [0152]; since p+q+r is 0, there is no M).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20150111106 A1 teaches a positive electrode active material wherein, in an O1s XPS spectrum of the positive electrode active material, a peak intensity at a binding energy from about 530.5 eV to 535 eV is greater than a peak intensity at binding energy from about 527.5 eV to about 530 eV ([0008]). The positive electrode active material is a lithium complex oxide ([0041]).
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/M.L.K./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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