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 of Group I in the reply filed on 3/31/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
It is noted that in the response, applicant refers to the groups of inventions as “species” which appears to be a typographic error as the Restriction Requirement of 3/31/2026 did not contain an election of species.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 requires, “wherein a porosity of the core layer, the first intermediate layer, and the second intermediate layer increases in sequence” which renders the claim and dependent claims 2-12 indefinite because it is unclear if the sequence of porosity increase is core followed by the first intermediate layer followed by the second intermediate layer or if the sequence can run in reverse, i.e., second intermediate layer followed by the first intermediate layer, followed by the core. For purposes of examination, the claim will be interpreted as requiring an increase in porosity from the core to the first intermediate layer and from the first intermediate layer to the second intermediate layer.
Claim 11 requires, “preferably, the half-peak width β is 0.48-0.58” which renders the claim indefinite because it is unclear if the limitations following “preferably” are required.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the claim requires:
A ternary positive electrode material precursor, comprising: sequentially from inside to outside, a core layer, a first intermediate layer, a second intermediate layer, and a shell layer, wherein a porosity of the core layer, the first intermediate layer, and the second intermediate layer increases in sequence, and the shell layer has the smallest porosity or no porosity.
The closest prior art is Yun et al, US20200083530. Yun teaches in Comparative example 1 (See Table 4 and associated text in page 9), a ternary cathode material with a core having a porosity of 1.6%, an intermediate layer with a porosity of 2.4%, and a shell with a layer of 3.3%. The porosity increases in sequence as claimed. However, Yun does not teach or suggest a shell or outermost layer with the smallest porosity or no porosity as required by the claim. Dependent claims 2-12 are allowable because they require all of the allowable limitations of claim 1.
Examiner Note
Withdrawn claim 15, which will be eligible for rejoinder, contains the indefinite term “preferably” which should be addressed in response to this action.
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ANTHONY J. ZIMMER
Supervisory Patent Examiner
Art Unit 1736
/ANTHONY J ZIMMER/ Supervisory Patent Examiner, Art Unit 1736
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