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 .
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 1226876 A; references made herein are with respect to the 7 page English translation, of record in parent application No. 16/678,706 on January 31, 2023).
Regarding claim 1, Li teaches a method of making a lithiated transition metal (e.g., nickel and cobalt) oxide powders (particles) especially intended for use in lithium ion chemical battery positive electrodes (title and 2nd par. of “Description”).
Li teaches the intermixing of the transition metal precursors, a lithium compound, and an alkali metal hydroxide, specifically potassium hydroxide, and heating said mixture in a single stage calcination method (abstract, clm. 1, and 5th full par. of page 4/7), wherein reactor temperatures are taught to be within a range of about 550-900°C (last full par. of page 3/7 and clm. 1) and an oxidizing atmosphere (clm. 1 and par. bridging pages 3/7 and 4/7). Regarding claims 2 and 3 and further regarding claim 1, Li teaches an average grain size of 2-50 µm (clm. 11).
Li does not teach a first calcination step to achieve particles having a first grain size and a subsequent calcination step with the potassium processing additive to form particles having a second grain size, larger than the first, as claimed.
However, there is no indication in the claims or Specification that breaking up a single stage calcination into two separate stages would achieve a distinct or unexpected result. In essence, the claimed process halts the calcination step in order to add in the processing additive comprising potassium, and then proceeds with the calcination in order to achieve a larger grain size (than when the calcination step was initially halted). Regarding claim 1, changes in sequence of adding ingredients is held to be prima facie obvious (MPEP 2144.04 IV.C.), absent a showing of criticality. In fact, Li recognizes that the alkali metal hydroxide, preferably the presence of KOH, is to increase the size of the crystal grain (page 4/7, 6th par.). From the teachings of the prior art, one of ordinary skill would have fully expected the grain size of the primary particles to increase after addition of, for example, KOH. Furthermore, the final product attained by the Li process finds significant overlap with the final product grain sizes of claims 2 and 3, which are further limiting of parent claim 1.
Regarding claims 4 and 5, Li teaches the use of nickel hydroxide or nickel cobalt hydroxide (page 3/4, pars. 12-13).
Regarding claim 6, Li teaches the use of lithium hydroxide or lithium oxide (page 3/4, par. 14).
Regarding claim 7, Li teaches that the potassium hydroxide may be added from 0.1-50 mol% (page 3/4, par. 15), which overlaps the instantly claimed range of 0.5-5 wt%.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kanada et al (US 2018/0309124) similarly teaches a two-step calcination process requiring mixing of lithium nickel containing composite oxide particles with a lithium compound and an alkali metal compound (abstract, Fig. 2). While Kanada teaches a two-step calcination, Kanada differs from the claimed process as claim 1 requires addition of the potassium processing additive prior to the second calcination step and Kanada teaches that the alkali metal other than lithium is removed by washing prior to the second calcination step (claim 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W SLIFKA whose telephone number is (571)270-5830. The examiner can normally be reached Monday-Friday, 9:00 AM-5:30 PM.
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/Colin W. Slifka/Primary Examiner, Art Unit 1732