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
Claims 14-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method of manufacturing thermally stable nickel-rich cathodes, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/11/2026.
Applicant's election with traverse of Group I in the reply filed on 08/11/2026 is acknowledged. The traversal is on the ground(s) that there is an apparent lack of a serious search burden. This is not found persuasive because the product is drawn to an electrochemical cell and the process of making is drawn to stable nickel-rich cathodes; therefore, the method as claimed does not include the extra steps/elements to make the claimed product.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 202311204732.8, filed on 09/18/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 11/06/2023 were reviewed and are acceptable.
Specification
The specification filed on 11/06/2023 was reviewed and is acceptable.
Claim Rejections - 35 USC § 102/103
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 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.
(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.
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.
Claim(s) 1-6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Albano et al. (US 2022/0376263 A1; hereinafter “Albano”) or, in the alternative, under 35 U.S.C. 103 as obvious over Albano et al. (US 2022/0376263 A1; hereinafter “Albano”) in view of Sikha et al. (US 20160013480 A1; hereinafter “Sikha”).
Regarding claim 1, Albano discloses a vehicle (an electric vehicle; [0192]) comprising: an electric motor ([a]n electric traction motor; [0192]); and a battery pack (battery may be a lithium-ion battery pack; [0193]) electrically coupled to the electric motor ([t]raction motor may receive power from either battery or motor generator through a power inverter; [0192]), the battery pack comprising an electrochemical cell [0139], the electrochemical cell comprising: a cathode; an anode; and an electrolyte system between the cathode and the anode ([b]attery includes a separator and an electrolyte sandwiched between anode and cathode pairs, forming electrochemical cells; [0139]); wherein the cathode comprises: an active material (the cathode composite layer comprises a cathode active material; [0053]) comprising a plurality of active material particles (cathode material particles; [0029]), the plurality of active material particles comprising nickel ([t]he surface of the active material may be nickel-rich or enriched with other transition metals; [0014]); and a thermal inhibitor ([t]hese coatings can also provide a certain degree of protection from thermal runaway situations; [0225]; the more thermodynamically dissimilar the active material and the coatings are, the more stable the coating will likely be; [0169]) layer formed on and in direct contact with a surface of each active material particle of the plurality of active material particles (a coating is deposited on cathode material particles; [0029]); the thermal inhibitor layer comprising a plurality of nanoparticles ([t]he nano-engineered coating material may be a stable and ionically-conductive material; [0028]; nanoscale coating; [0030]), the plurality of nanoparticles comprising one or more of a thermally stable olivine type material, a thermally stable spinel type material ([t]he nano-engineered coating material may be a stable and ionically-conductive material selected from a group including any one or more of the following: . . . (vii) olivines, . . . (x) spinel structures; [0028]), and a thermally stable manganese-nickel dioxide type material (optional limitation).
Assuming, arguendo, that Albano does not disclose a layer comprising a thermally stable manganese-nickel dioxide type material, the following reference is applied:
Sikha teaches that [e]xemplary cathodically active materials include . . . lithium manganese dioxide (LiMnO2), . . . LiMn2O4, . . . Li3V2(PO4)3, . . . and combinations thereof; [0041], directed to a second cathode material layer [0053].
Albano and Sikha are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium secondary batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include a manganese-nickel dioxide type material as an optional limitation in the thermal inhibitor layer disclosed by Albano, with the reasonable expectation that doing so would enable the multilayer electrodes to have different properties (e.g., porosity, surface area, electrode composition) in each layer, or the multilayer electrodes have different active material chemistries in each layer; [0023], as suggested by Sikha.
Regarding claim 2, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the plurality of nanoparticles comprise a combination of two or more (the property improvements to a battery can be similarly enhanced using two or more distinct coating layer materials; [0285]) of the thermally stable olivine type material, the thermally stable spinel type material ([t]he nano-engineered coating material may be a stable and ionically-conductive material selected from a group including any one or more of the following: . . . (vii) olivines, . . . (x) spinel structures; [0028]), and the thermally stable manganese-nickel dioxide type material (optional limitation).
Regarding claim 3, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the protective coating comprises metal oxide, metal nitride, metal oxynitride, metal carbide, metal oxycarbide, metal carbonitride, metal phosphate [0047]. Albano fails to explicitly disclose that the thermally stable olivine type material comprises one or more of lithium vanadyl phosphate, lithium manganese iron phosphate, cobalt phosphate, and lithium titanium phosphate.
Sikha teaches, directed to a second cathode material layer [0053], that [e]xemplary cathodically active materials include . . . Li3V2(PO4)3 (lithium vanadyl phosphate); [0041].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include lithium vanadyl phosphate in Albano’s invention with the reasonable expectation that doing so would yield higher power and longer cycle compared to a single layer electrode having uniform properties [0024],as suggested by Sikha.
Regarding claim 4, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the protective coating comprises metal oxide, metal nitride, metal oxynitride, metal carbide, metal oxycarbide, metal carbonitride, metal phosphate [0047]. Albano fails to explicitly disclose that the thermally stable spinel type material comprises one or more of lithium manganese oxide and lithium manganese nickel oxide.
Sikha teaches, directed to a second cathode material layer [0053], that [e]xemplary cathodically active materials include . . . LiMn2O4 (lithium manganese oxide - LMO); [0041].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include lithium manganese oxide in Albano’s invention with the reasonable expectation that doing so would yield higher power and longer cycle compared to a single layer electrode having uniform properties [0024],as suggested by Sikha.
Regarding claim 5, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the protective coating comprises metal oxide, metal nitride, metal oxynitride, metal carbide, metal oxycarbide, metal carbonitride, metal phosphate [0047]. Albano fails to explicitly disclose that the thermally stable manganese-nickel dioxide type material comprises one or more of lithium manganese dioxide and lithium manganese nickel dioxide.
Sikha teaches, directed to a second cathode material layer [0053], that [e]xemplary cathodically active materials include . . . lithium manganese dioxide (LiMnO2); [0041].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include lithium manganese dioxide in Albano’s invention with the reasonable expectation that doing so would yield higher power and longer cycle compared to a single layer electrode having uniform properties [0024],as suggested by Sikha.
Regarding claim 6, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that a mass ratio of the plurality of nanoparticles to the active material in the cathode comprises less than 30 percent ([t]he solid electrolyte coating has . . . a weight loading of at least 20 wt.%; [abstract]).
Before the time of the effective filing date of the current invention it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (at least 20% overlaps with less than 30 percent) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 8, Albano discloses an electrochemical cell comprising: a cathode; an anode; and an electrolyte system between the cathode and the anode ([b]attery includes a separator and an electrolyte sandwiched between anode and cathode pairs, forming electrochemical cells; [0139]); wherein the cathode comprises: an active material (the cathode composite layer comprises a cathode active material; [0053]) comprising a plurality of active material particles (cathode material particles; [0029]), the plurality of active material particles comprising nickel ([t]he surface of the active material may be nickel-rich or enriched with other transition metals; [0014]); and a thermal inhibitor ([t]hese coatings can also provide a certain degree of protection from thermal runaway situations; [0225]; the more thermodynamically dissimilar the active material and the coatings are, the more stable the coating will likely be; [0169]) layer formed on and in direct contact with a surface of each active material particle of the plurality of active material particles (a coating is deposited on cathode material particles; [0029]); the thermal inhibitor layer comprising a plurality of nanoparticles ([t]he nano-engineered coating material may be a stable and ionically-conductive material; [0028]; nanoscale coating; [0030]), the plurality of nanoparticles comprising one or more of a thermally stable olivine type material, a thermally stable spinel type material ([t]he nano-engineered coating material may be a stable and ionically-conductive material selected from a group including any one or more of the following: . . . (vii) olivines, . . . (x) spinel structures; [0028]), and a thermally stable manganese-nickel dioxide type material (optional limitation).
Assuming, arguendo, that Albano does not disclose a layer comprising a thermally stable manganese-nickel dioxide type material, the following reference is applied:
Sikha teaches that [e]xemplary cathodically active materials include . . . lithium manganese dioxide (LiMnO2), . . . LiMn2O4, . . . Li3V2(PO4)3, . . . and combinations thereof; [0041], directed to a second cathode material layer [0053].
Albano and Sikha are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium secondary batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include a manganese-nickel dioxide type material as an optional limitation in the thermal inhibitor layer disclosed by Albano, with the reasonable expectation that doing so would enable the multilayer electrodes to have different properties (e.g., porosity, surface area, electrode composition) in each layer, or the multilayer electrodes have different active material chemistries in each layer; [0023], as suggested by Sikha.
Regarding claim 9, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the plurality of nanoparticles comprise a combination of two or more (the property improvements to a battery can be similarly enhanced using two or more distinct coating layer materials; [0285]) of the thermally stable olivine type material, the thermally stable spinel type material ([t]he nano-engineered coating material may be a stable and ionically-conductive material selected from a group including any one or more of the following: . . . (vii) olivines, . . . (x) spinel structures; [0028]), and the thermally stable manganese-nickel dioxide type material (optional limitation).
Regarding claim 10, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the protective coating comprises metal oxide, metal nitride, metal oxynitride, metal carbide, metal oxycarbide, metal carbonitride, metal phosphate [0047]. Albano fails to explicitly disclose that the thermally stable olivine type material comprises one or more of lithium vanadyl phosphate, lithium manganese iron phosphate, cobalt phosphate, and lithium titanium phosphate.
Sikha teaches, directed to a second cathode material layer [0053], that [e]xemplary cathodically active materials include . . . Li3V2(PO4)3 (lithium vanadyl phosphate); [0041].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include lithium vanadyl phosphate in Albano’s invention with the reasonable expectation that doing so would yield higher power and longer cycle compared to a single layer electrode having uniform properties [0024],as suggested by Sikha.
Regarding claim 11, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the protective coating comprises metal oxide, metal nitride, metal oxynitride, metal carbide, metal oxycarbide, metal carbonitride, metal phosphate [0047]. Albano fails to explicitly disclose that the thermally stable spinel type material comprises one or more of lithium manganese oxide and lithium manganese nickel oxide.
Sikha teaches, directed to a second cathode material layer [0053], that [e]xemplary cathodically active materials include . . . LiMn2O4 (lithium manganese oxide - LMO); [0041].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include lithium manganese oxide in Albano’s invention with the reasonable expectation that doing so would yield higher power and longer cycle compared to a single layer electrode having uniform properties [0024],as suggested by Sikha.
Regarding claim 12, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that the protective coating comprises metal oxide, metal nitride, metal oxynitride, metal carbide, metal oxycarbide, metal carbonitride, metal phosphate [0047]. Albano fails to explicitly disclose that the thermally stable manganese-nickel dioxide type material comprises one or more of lithium manganese dioxide and lithium manganese nickel dioxide.
Sikha teaches, directed to a second cathode material layer [0053], that [e]xemplary cathodically active materials include . . . lithium manganese dioxide (LiMnO2); [0041].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to include lithium manganese dioxide in Albano’s invention with the reasonable expectation that doing so would yield higher power and longer cycle compared to a single layer electrode having uniform properties [0024],as suggested by Sikha.
Regarding claim 13, Albano discloses all of the claim limitations as set forth above.
Albano further discloses that a mass ratio of the plurality of nanoparticles to the active material in the cathode comprises less than 30 percent ([t]he solid electrolyte coating has . . . a weight loading of at least 20 wt.%; [abstract]).
Before the time of the effective filing date of the current invention it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (at least 20% overlaps with less than 30 percent) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Albano et al. (US 2022/0376263 A1; hereinafter “Albano”) or, in the alternative, under 35 U.S.C. 103 as obvious over Albano et al. (US 2022/0376263 A1; hereinafter “Albano”) in view of Sikha et al. (US 20160013480 A1; hereinafter “Sikha”), as applied to claims 1 and 8 above, and further in view of Yushin et al. (US 2022/0131125 A1; hereinafter “Yushin”)
Regarding claim 7, Albano discloses all of the claim limitations as set forth above.
Albano fails to disclose that a surface coverage of the active material by the plurality of nanoparticles comprises 10 to 95 percent.
Yushin teaches, directed to a cathode powder coating, coatings on all sides and covering a majority (e.g., about 50% or more) outer surface area of the majority (e.g., about 50 wt. % or more) of the particles; [0191].
Albano and Yushin are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium secondary batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the surface coverage of Albano’s invention must necessarily have a surface coverage percentage, as explicitly shown by Yushin, and would thus reasonably understand that such surface coverage must necessarily be at a range between 10%-90%, in order to provide sufficient protection against side reactions and provide other sufficiently good performance improvements [0158], and would thus find it obvious to routinely select the overlapping portions of the disclosed ranges (50% or more overlaps 10 to 95 percent) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 14, Albano discloses all of the claim limitations as set forth above.
Albano fails to disclose that a surface coverage of the active material by the plurality of nanoparticles comprises 10 to 95 percent.
Yushin teaches, directed to a cathode powder coating, coatings on all sides and covering a majority (e.g., about 50% or more) outer surface area of the majority (e.g., about 50 wt. % or more) of the particles; [0191].
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the surface coverage of Albano’s invention must necessarily have a surface coverage percentage, as explicitly shown by Yushin, and would thus reasonably understand that such surface coverage must necessarily be at a range between 10%-90%, in order to provide sufficient protection against side reactions and provide other sufficiently good performance improvements [0158], and would thus find it obvious to routinely select the overlapping portions of the disclosed ranges (50% or more overlaps 10 to 95 percent) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hong et al. (US 2019/0067689 A1) discloses a coating layer disposed on a surface of a composite cathode active material, wherein the coating layer includes a lithium cobalt composite oxide having a spinel crystal structure.
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/J.N.L./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 10/14/2026
