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 Invention I, claims 1-12, in the reply filed on 26 May 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)).
Specification
The disclosure is objected to because of the following informalities: the specification contains multiple references to “LiNxCoyAl1-x-yO2 (NCA)” which appears to recite N for nitrogen instead of the intended Ni for nickel.
Appropriate correction is required.
Claim Objections
Claim 3 objected to because of the following informalities: “LiNxCoyAl1-x-yO2 (NCA)” which appears to recite N for nitrogen instead of the intended Ni for nickel. Appropriate correction is required.
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 2-3 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.
In regards to claim 2, it is unclear if the limitation of “wherein the cathode active material includes Ni-rich rock salt layered oxides” is reciting an additional element beyond the limitations of claim 1 or further modifying the limitation of “including nickel.” For the purpose of examination, the limitation of claim 2 is interpreted as --wherein the cathode active material nickel in the form of Ni-rich rock salt layered oxides--.
In regard to claim 3, it is unclear if the limitation of “wherein the cathode active material is selected from” is reciting an additional element beyond the limitations of claim 1 or further modifying the limitation of “including nickel.” For the purpose of examination, the limitation of claim 3 is interpreted as -- wherein the cathode active material including nickel is selected from--.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2024/0178441; hereinafter “Kim”).
In regard to claims 1-6, 8-9 and 11-12, Kim discloses a battery cell (see [0131]-[0145)) comprising at least one anode electrodes including an anode active material layer (“electrode active material” for the anode; see [0131]) arranged on an anode current collector (see [0132]); at least one cathode electrodes including a cathode active material layer (“electrode active material” for the cathode; see [0131]) necessarily arranged on a cathode current collector; at least one separators (see [0131]); and a lithium-based electrolyte (see at least [0134]-[0143]), and wherein the at least one cathode electrodes and the at least one anode electrodes exchange lithium ions. Kim discloses wherein the cathode active material layer includes a cathode active material including nickel such as a Ni-rich rock salt layered oxide as recited in claim 2 comprised of NCA or NMC as recited in claim 3. See [0003]. Specifically, Kim discloses wherein NMC622, NMC811, NMC111 or NCA can be used. [0145]. Kim further discloses wherein the cathode active material layer necessarily includes an ionic conductive additive which is an ionic conductive precursor that is converted to an ionic conductor (as the same compositions are taught) as recited in claim 4 such as a metal oxide or metal fluoride as recited in claim 5 as Kim teaches that the NMC layered cathode can have various coating materials for surface passivation. See [0172]-[0174]. Specifically, Kim discloses wherein coating material can be a metal oxide such as aluminum oxide as recited in claim 6 or a metal fluoride such as aluminum fluoride as recited in claim 8. See [0174]. Kim also discloses wherein the cathode materials can be coated or intermixed with various solid-electrolyte materials such as garnet, NASICON, perovskite, or lithium argyrodite as recited in claim 9. See [0072]-[0077], [0079], [0133]-[0138], [0140] and [0181]. Kim further discloses wherein the layered-structure cathode materials can include ionic conductive additives such as a lithium derivative of a metal oxide or metal phosphate as recited in claim 11 such as lithium aluminate as recited in claim 12. Kim also teaches wherein the aluminum oxide can be consumed to form aluminum fluoride, which would necessitate the formation of LiAlF4. See [0019], [0145] and [0174].
In regard to claim 10, Kim teaches that cathode is formed with “a first population of particles including an ionically conducting solid-electrolyte (the ionic conductive additive) with a second population of particles including an electrode active material (the cathode active material including nickel.” See [0100]. Kim teaches wherein the weight ratio of the first population of particles and the second population of particles can range from, for example, “1:1000 to 1:10” (~0.1-10 wt% of ionic conductive additive) and many other ranges which are within the recited range of 0.1 wt% to 10 wt%. See [0130].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 4 above and further in view of Amine et al. (US 2020/0373554; hereinafter “Amine”).
In regard to claims 6-8, Kim is silent in regard to wherein the ionic conductive precursor includes a metal phosphate as recited and to wherein the ionic conductive precursor comprises other recited materials besides aluminum oxide and aluminum fluoride.
Amine discloses cathode materials for secondary batteries wherein the cathode can comprise surface coatings for surface protection comprising aluminum oxide, zinc oxide, titanium oxide, tin oxide, aluminum fluoride, cesium fluoride, aluminum phosphate and/or cobalt phosphate. See [0032].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined or substituted the compositions of surface protecting coatings of Amine with the surface coatings of Kim without creating any new or unexpected results as the material is disclosed to be functionally equivalent to the surface coatings disclosed by Kim.
The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jang et al. (US 2022/0140317) and Dai et al. (US 2024/0262707).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner can normally be reached M-F 9:00-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY C CLEVELAND/Primary Examiner, Art Unit 1774
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