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 without traverse of Group I, claims 1-9, 19, and 20 in the reply filed on 7/23/26 is acknowledged. A subsequent telephone interview with Peter Hsueh on 8/13/26 confirmed that Applicant elected Species 2, Formula 2, claim 8.
Claims 7 and 10-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method and species, there being no allowable generic or linking claim.
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)(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.
Claims 1-6, 8, 9, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (WO 2023/040357 A1). Corresponding US Application 2023/0395796 A1 is used in lieu for citation and translation purposes.
Regarding claims 1, 5, and 8, Wu discloses a composition comprising: a nickel particle of the formula Li1+a[NixCoyMnzM1bM2cWd]O2 where M1 is one of Mo, Zr, Ti, Sb, Nb, and Te, M2 is one of Mg, Al, Ca, Zn, and Sr, and where 0.65≤x<1, 0≤y<0.3, 0≤z<0.3, 0<a<0.2, 0<b<0.1, 0<c<0.1, 0<d<0.1, x+y+z+b+c+d=1 and wherein the particle is doped with Mo and coated with a Co-containing compound (paragraph 7). Wu discloses that the Co-containing compound cobalt oxide (paragraph 104). Wu discloses that the particle is 1-5 microns (paragraph 101).
Regarding claim 2, Wu discloses that an amount of the molybdenum (M1) is in a range of at least about 0.1 mol% and at most about 1.0 mol% with respect to a total amount of metals other than lithium in the cathode active material (paragraph 17).
Regarding claim 3, Wu discloses that an amount of a cobalt compound in the cobalt compound-containing coating layer is in a range of about 0.1 mol% to about 5.0 mol% with respect to a total amount of the cathode active material (paragraph 14).
Regarding claim 4, Wu discloses that the cobalt compound-containing coating layer has a thickness of about 1 nm to about 50 nm (paragraph 15).
Regarding claim 6, Wu discloses that the cobalt compound-containing coating layer further comprises boron and aluminum (paragraph 14).
Regarding claim 9, it is the Office’s position that the composition of Wu would have the claimed properties because it is the same compound. See MPEP 2112 I.
Regarding claims 19 and 20, Wu discloses a battery with the composition as the cathode active material on a current collector (paragraph 117), a negative electrode (paragraph 124), and an electrolyte between them (paragraph 133).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725
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