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Claims 10-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention (Group II; claims 10-19), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/1/2026.
Applicant’s election without traverse of Group 1 (claims 1-9) in the reply filed on 9/1/2026 is acknowledged.
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.
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al., KR 20180015045.
Regarding claim 1, Park et al., teaches a cathode active material (0001; 0035) for lithium secondary batteries (0028; 0037), the cathode active material comprising: a lithium oxide (0001-0004) having a chemical formula Li1+xMn2O4 (pg. 5 of original document, last para.) and having a multiphase structure (0003) comprising at least a cation-disordered rock salt (DRX) structure (XRD) (0016; 0040), wherein x satisfies a relationship 0 ≤ x ≤ 0.75 (pg. 5 of original document, last para.)
Regarding claim 2, Park et al., teaches wherein the cathode active material comprises at least two of a layered structure (0067; 0089; 0092), a spinel structure (0003), or the DRX structure (0016; 0040; 0160).
Regarding claim 3, Park et al., teaches the cathode active material exhibits peaks at 2θ = 19˚±0.5˚, 31˚±0.5˚, 36.5˚±0.5˚, 48.5˚±0.5˚, 55˚±0.5˚, 58.5˚±0.5˚, 67.5˚±0.5˚, 68.5˚±0.5˚, 76˚±0.5˚ and 84˚±0.5˚ in X-ray diffraction analysis using CuK α radiation (0016-0017; 0020; 0022; 0170).
Regarding claim 4, Park et al., teaches wherein the cathode active material exhibits peaks at 2θ = 38˚±0.5˚, 44.5˚±0.5˚, 64.5˚±0.5˚, 77.5˚±0.5˚ and 81˚±0.5˚ in X-ray diffraction analysis using CuK α radiation (0016-0017; 0020; 0022; 0170).
Regarding claim 7, Park et al., teaches wherein the lithium oxide comprises Li1.25Mn2O4 (pg. 5 of original document, last para.).
Thus, the claims are anticipated.
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.
Claim(s) 5, 6, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al., KR 20180015045.
Regarding claims 5, 6, 8, and 9:
Regarding claim 5, Park et al., does not teach wherein a ratio (Aspinel/Atotal) of an area (Aspinel) of peaks due to a spinel structure to a total area (Atotal) of all peaks of the cathode active material exhibited in X-ray diffraction analysis using CuK α radiation is in a range of 0.1 to 99.8.
Regarding claim 6, Park et al., does not teach wherein a ratio (ADRX/Atotal) of an area (ADRX) of peaks due to the DRX structure to a total area (Atotal) of all peaks of the cathode active material exhibited in X-ray diffraction analysis using CuK α radiation is in a range of 0.2 to 0.99.
Regarding claim 8, Park et al., does not teach wherein a ratio (Aspinel/Atotal) of an area (Aspinel) of peaks due to a spinel structure to a total area (Atotal) of all peaks of the cathode active material exhibited in X-ray diffraction analysis using CuK α radiation is 0.4 to 0.6.
Regarding claim 9, Park et al., does not teach wherein a ratio (ADRX/Atotal) of an area (ADRX) of peaks due to the DRX structure to a total area (Atotal) of all peaks of the cathode active material exhibited in X-ray diffraction analysis using CuK α radiation is in a range of 0.4 to 0.6.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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