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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 7/8/2026. Claims 3, 8 are canceled. Claim 18 has been added. Claims 1, 2, 4-7, 9-16, 18 are pending. Applicant’s arguments have been considered. Claims 1, 2, 4-7, 9-16, 18 are finally rejected for reasons stated herein below.
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.
Claims 1, 4, 6, 7, 9-16, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Huo (CN 111640912) in view of Gao (CN 109473652) and Hur (WO 2019/050282).
Regarding claims 1, 14, Huo discloses a positive electrode active material, comprising
an active material A having a composition formula as claimed,
an active material C having a composition formula as claimed [0015],
the active material A is a polycrystal material and the active material C are mono-like crystal or monocrystal materials [0016].
Regarding claim 6, at least one of the active material A, the active material B, or the active material C comprises an element selected from one or more of Zr, Sr, B, Ti, Mg, Sn, and Al [0052].
Regarding claim 7, in the chemical formulas respectively corresponding to the active material A, the active material B, and the active material C, x1: x2: x3 1s 1 : (0.73-1.37) : (0.73-1.37), and a1 : a2 : a3 is 1 : (0.71-1.42) : (0.31-1). See Table 1.
Regarding claim 13, a content of the active material A is less than 50 wt% (see Table 1).
Regarding claim 1, Huo discloses an average particle size Dv50 of the active material A is greater than an average particle size Dv50 of the active material C. See [0111] and Table 1. Huo discloses the active material A is large-sized high-nickel active material, the active material C is small-sized low-nickel active material. Huo does not disclose wherein an average particle size Dv50 of the active material A is greater than an average particle size Dv50 of the active material B, the active material B is small-sized high-nickel active material, wherein an active material A is same as a chemical composition of the active material B. Huo discloses the primary particle and the secondary particle materials can be LiNi0.85Co0.1Mn0.05O2 [0078].
Gao teaches a high-nickel positive electrode active material being large-sized and small-sized [0010]. The particles of different sizes are washed separately according to the different sensitivities of the high-nickel ternary materials of different sizes to water, thereby further reducing the adverse effects of water washing on the high-nickel ternary material [0024]. Further, coating and sintering occurs separately for the particles of different sizes. This can more effectively and accurately coat the surface of the high-nickel ternary material, avoiding the influence of too much or too little coating on the performance [0025]. The high-nickel ternary material that is graded and modified performed better than high-nickel ternary material that was not graded and modified [0051]. The separate coating of large-and small-sized high-nickel ternary materials can better exert the coating effect, so the material exhibits better capacity and cycle performance [0052]. The median particle size of the large-size high-nickel ternary material differs from that of the small-size high-nickel ternary material by 3-15 um [0010]. Example 1 teaches LiNi0.85Co0.1Mn0.05O2 [0040].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the high-nickel particles of Huo into large-sized and small-sized particles to form an average particle size Dv50 of the active material B smaller than an average particle size Dv50 of the active material A, as taught by Ding, for the benefit of having good packing density.
Regarding claim 16, Huo discloses the average particle size Dv50 of the active material A is in a range of 7-15 um,
the average particle size Dv50 of the active material C is in a range of 1-7 um. See Table 1. Regarding claim 16, the average particle size Dv50 of the active material B is in a range of 1-8 um, Gao teaches small-sized high-nickel positive active material is 5-6 um less than the large-sized particles [0044]. Hence, the combination of Huo modified by Gao would yield an average particle size Dv50 of the active material B to be about 1-10 um. The Examiner notes that the Dv50 for the active material B and the Dv50 for the active material C have similar ranges, and hence, to make the active material B particle size and the active material C particle size the same or of similar size.
Regarding claim 1, the active material B is mono-like crystal or monocrystal material [0022], Huo discloses primary particle single crystal nickel-high active material is not easy to have side reactions with the electrolyte and has excellent thermal stability, but its energy density is low, its kinetic performance is poor, and its production cast is high [0047]. Example 1 teaches LiNi0.85Co0.1Mn0.05O2 [0040]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form Gao’s small-sized high-nickel particles LiNi0.85Co0.1Mn0.05O2 of Example 1 into single crystal particles, as taught by Huo, for the benefit of having good packing density and excellent thermal stability.
Regarding claim 1, a ratio of a sum of contents of the active material B and the active material C to a content of the active material A is greater than 9:1 and less than or equal to 18:1, the content of each active material being based on a total weight of the positive electrode active material, and regarding claim 14, a content ratio of the active material A, the active material B, and the active material C is 1:1.5-6: 0.3-8, Huo discloses adjusting the primary particle single crystal and the secondary particle polycrystalline material ratio, the positive electrode sheet can have better thermal stability and excellent kinetic performance [0037]. Huo discloses a positive electrode having a mixture of primary single crystal particles and secondary polycrystal particles with different particles sizes having higher compaction and less interface side reaction, which is beneficial to improve the normal temperature and high temperature of the battery. It is of great practical significance to improve the cycle life and improve the cycle performance of products [0038]. Huo teaches secondary particle polycrystalline active materials have excellent kinetic properties, which are conducive to the intercalation and extraction of lithium ions in active material particles. The battery has better rate performance and lower internal resistance. However, due to the secondary particle polycrystalline material is prone to cracks and bursts during the process of intercalation and extraction of lithium ions, especially during high-temperature charge-discharge cycles, the material structure is prone to change, transition metal dissolution and electrolyte side reactions, eventually leading to a decrease in battery cycle life and even safety risks. The primary particle single crystal active material is not easy to have side reactions with the electrolyte and has excellent thermal stability but its energy density is low, its kinetic performance is poor, and its production cost is high. Therefore, by mixing the primary particle single crystal active material and the secondary particle polycrystalline active material in a certain proportion, the primary particle single crystal can improve the thermal stability of the positive electrode sheet, while the crystals in secondary particles improve the dynamic performance of the positive electrode [0047].
Huo further discloses the secondary particle polycrystalline material is prone to side reaction with the electrolyte, and the side reaction often occurs at the contact surface between the positive electrode sheet and the electrolyte, so the secondary particle polycrystalline should be reasonably controlled. The distribution in the positive electrode sheet is the key to reducing side reaction. It can be realized by reasonably controlling the ratio of the secondary particle polycrystal and primary particle single crystal. When the single crystal content of the primary particle is too small (i.e. the weight ratio of the primary particle to the secondary particle, omega<0.1), the main active material in the positive electrode sheet is a single secondary particle polycrystal, and the thermal stability of the positive electrode sheet is poor. When the single crystal content of the primary particles is too much (the weight ratio of the primary particles of the secondary particles (omega>9), the dynamic performance of the positive electrode sheet is poor and the energy density is low [0048]. Hence, the weight ratio of the primary particle and the secondary particle in the positive pole piece should be greater than or equal to 0.1 and less than or equal to 9 [0049].
The primary and secondary particles are modified by a dopant to improve the structural stability of the positive active material, increase Coulombic efficiency of the first charge and discharge, reduce active particle breakage and side reactions, thereby improving the thermal stability and cycle stability of the battery life. Among them, the doping element can be a cation, anion, or anion-cation compound ion [0052].
Hur teaches a lithium cobalt oxide doped with metal elements and a halide element. LiCoO2 has high voltage and excellent capacity characteristics, but has poor thermal property due to destabilization of crystal structure (page 3 of translation). The structural stability of the lithium cobalt is improved by stably satisfying the specific conditions of the molar ratio of the doping element (page 5 of translation). Excellent capacity and structural stability at a high voltage is achieved by doping lithium cobalt oxide with two or more metal elements and a halide element. The halide element includes F-, Cl-, Br-, I- in an amount between 0 to 0.3, for example 0.02 (page 6 of translation). Adding the dopant achieves excellent capacity, the crystal structure stability, and high temperature structure stability (page 6 of translation).
Regarding Applicant’s claim 15, Hur teaches Q is one or more selected from Br and I, and 0 <y1 < 0.1, 0 <y2 < 0.1, 0 <y3 < 0.1 (page 6 of translation).
Although Huo discloses when the single crystal content of the primary particles is too much (the weight ratio of the primary particles of the secondary particles (omega>9), the dynamic performance of the positive electrode sheet is poor and the energy density is low [0048], Hur teaches that crystal structure and thermal stability are improved with a halide dopant (page 6 of translation). The Examiner notes that an ordinary artisan would expect that doping Huo’s primary and secondary particles with a halide, as taught by Hur, would increase the acceptable limit of the primary particles.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to dope the particles of Huo with halide for each particle type, as taught by Hur, for the benefit of having enhanced crystal structure stability and high temperature stability.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to increase the primary particle amount to greater than 9 with respect to the secondary particles because an ordinary artisan would expect that doping the particles of Huo with halide, as taught by Hur, would achieve excellent capacity and structural stability of the primary particles.
Regarding claim 18, Huo modified by Gao and Hur reads on Applicant’s claim 18.
Regarding claim 4, a sum of contents of the active material A and the active material B equals a content of the active material C, the content of each active material being based on a total weight of the positive electrode active material. Huo teaches secondary particle polycrystalline active materials have excellent kinetic properties, which are conducive to the intercalation and extraction of lithium ions in active material particles. The battery has better rate performance and lower internal resistance. However, due to the secondary particle polycrystalline material is prone to cracks and bursts during the process of intercalation and extraction of lithium ions, especially during high-temperature charge-discharge cycles, the material structure is prone to change, transition metal dissolution and electrolyte side reactions, eventually leading to a decrease in battery cycle life and even safety risks. The primary particle single crystal active material is not easy to have side reactions with the electrolyte and has excellent thermal stability but its energy density is low, its kinetic performance is poor, and its production cost is high. Therefore, by mixing the primary particle single crystal active material and the secondary particle polycrystalline active material in a certain proportion, the primary particle single crystal can improve the thermal stability of the positive electrode sheet, while the crystals in secondary particles improve the dynamic performance of the positive electrode [0047].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amounts of each particle type for the benefit of having good kinetic properties and thermal stability, as well as having good packing.
Regarding claim 9, Huo modified by Gao and Hur teaches a secondary battery, comprising the positive electrode active material according to claim 1.
Regarding claim 10, Huo modified by Gao and Hur teaches a battery module, comprising the secondary battery according to claim 9.
Regarding claim 11, Huo modified by Gao and Hur teaches a battery pack, comprising the battery module according to claim 10.
Regarding claim 12, Huo modified by Gao and Hur teaches a power consuming device, comprising the secondary battery according to claim 9.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Huo (CN 111640912) in view of Gao (CN 109473652) and Hur (WO 2019/050282) as applied to claim 1, further in view of Leng (US 2021/0167366).
Regarding claim 2, Huo discloses the average particle size Dv50 of the active material A is in a range of 7-15 um,
the average particle size Dv50 of the active material C is in a range of 1-7 um. See Table 1.
Regarding claim 2, the average particle size Dv50 of the active material B is in a range of 1-8 um, Gao teaches small-sized high-nickel positive active material is 10-11 um less than the large-sized particles [0040].
Regarding claim 2, Huo modified by Gao and Hur does not teach a Dv90 of the active material A is in a range of 15-25 um;
and a Dv90 of the active material B is in a range of 3-10 um; and
and a Dv90 of the active material C is in a range of 5-10 um.
Leng teaches Dv90 is a corresponding particle size (unit: μm) when the volume cumulative distribution percentage of the positive electrode active material reaches 90%. Leng teaches that when a value of Dv90-Dv50/(Tap Density) < 8, the particle size distribution of particles with different morphologies of the positive electrode active material is moderate and gap volume between the particles is low, which are beneficial to improve the compaction density of the positive electrode sheet [0043].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the Dv90 of the active material particles of Huo modified by Gao and Hur, as taught by Leng, for the benefit of having good packing density.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Huo (CN 111640912) in view of Gao (CN 109473652) and Hur (WO 2019/050282) as applied to claim 1, further in view of Ueda (US 2022/0344651).
Regarding claim 5, Huo discloses a compacted density of 3.0-3.6 g/cm3 [0083].
Regarding claim 5, Huo does not disclose the positive electrode active material has a specific surface area of 0.3-1.8 m2/g. Ueda teaches a positive active material having a specific surface area from 0.1 m.sup.2/g to 10 m.sup.2/g. The positive electrode active material having a specific surface area of 0.1 m.sup.2/g or more can secure sufficient sites for inserting and extracting Li ions. The positive electrode active material having a specific surface area of 10 m.sup.2/g or less is easy to handle during industrial production, and can secure a good charge and discharge cycle performance [0125].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the specific surface area of the positive active material of Huo modified by Gao and Hur, as taught by Ueda, for the benefit of securing sufficient sites for inserting and extracting Li ions.
Response to Arguments
Arguments filed 7/8/2026 are moot in light of Applicant’s amendment filed 3/10/2026.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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