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 .
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.
Specification
The specification and drawings have been reviewed and no clear informalities or objections have been noted.
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-8) in the reply filed on 7/7/2026 is acknowledged. The traversal is on the ground(s) that the process cannot be used to make a materially different product such as one which does not contain nickel and/or cobalt. This is not found persuasive because the inventions are distinct if the product as claimed can be made by another materially different process and in this case, the product can be made without nickel, as required by the process.
The requirement is still deemed proper and is therefore made FINAL.
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 5 and 7 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 claims 5 and 7, Applicant claims a conditional limitation by prefacing the limitation with “when”. This renders the claim indefinite as it is not clear if this condition limitation is present in the claimed positive electrode material. In other words, it is unclear if the positive electrode material in claims 5 and 7 has a sulfur element content in the secondary particle in claimed range.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokoyama (US 2019/0020023).
Regarding claim 1, Yokoyama discloses a positive electrode material (as described in the abstract), wherein the positive electrode material is a secondary particle formed by an aggregation of primary particles (as described in paragraph 23), and the secondary particle contains a cavity structure inside (such as pores 3).
Regarding claim 2, Yokoyama teaches LizNi1-x-yCoxMyWaO2+α, where 0≤ x ≤0.35, 0≤ y ≤0.35, 0.95≤ z ≤1.30, 0≤ a ≤0.03, 0< a ≤0.03, 0≤ α ≤0.15 (see paragraph 26). Yokoyama goes on to teach that the Ni, Co, Al ratio is 91:6:3 which renders x = 0.91, y = 0.06 and z = 0.03 and a = -0.019 (as defined by the example in paragraph 181). Such an embodiment falls within the claimed composition range.
Regarding claims 3-4, with the claimed composition of claim 2, element A is an optional element of the composition (by stating that b can bet 0) and therefore this claim does not further define the claimed composition beyond what is taught by Yokoyama.
Regarding claim 5, Yokoyama further discloses a sulfur element content in the secondary particle is 0.01 wt % to 0.35 wt % (see Table 1 which gives the wt% of the SO4 which corresponds to weight ratios of S that fall within the claimed range), the positive electrode material has a cavity ratio of 0.5% to 10% (see table 1 which discloses a cavity ratio/porosity within the claimed range), and a particle tap density of the positive electrode material is 2.38 g/cm3 to 2.81 g/cm3 (see Table 1 which gives a tap density within the claimed range).
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2018/0151876).
Regarding claim 1, Kim discloses a positive electrode material (as described in the abstract), wherein the positive electrode material is a secondary particle formed by an aggregation of primary particles (as described in the abstract), and the secondary particle contains a cavity structure inside (such as pores as described in paragraphs 28-33).
Regarding claim 8, Kim further discloses a pore/cavity size of 10-120nm (paragraph 34).
Claim Rejections - 35 USC § 103
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) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama (US 2019/0020023) in view of Choi (US 2015/0243970).
Regarding claim 6, Yokoyama further discloses a valence state of the sulfur element in the positive electrode material is at least one of −2 valence, +4 valence, and +6 valence (sulfur in the sulfate state of Table 1 has a +6 valence). Yokoyama teaches secondary particles that contain internal pores/cavities (paragraphs 40 and 49-50) and teaches that the pores are in communication with the outside and is permeable to the electrolyte (paragraph 56). Yokoyama goes on to teach that compounds deposited on primary-particle surfaces are exposed to the internal pores/cavities (paragraph 53) and teaches residual sulfate in the positive active material (paragraph 74 and table 1). Yokoyama, however, does not teach wherein the sulfur element remains in the cavity structure in a form of at least one of sulfide ions, thiosulfate ions, sulfate ions, and sulfite ions.
Choi also discloses a positive active material (see abstract).
Choi, like Yokoyama, also teaches secondary particles made up of primary particles with holes/cavities at their boundaries (see paragraph 71). Choi goes on to teach coating the particles with a sulfate containing compound and heat treating to leave a sulfate containing coating (paragraphs 75, 83-84 and 92). Choi teaches such a coating in order to improve the structural stability and the lifespan of high nickel active materials (paragraphs 64, 72, 75 and 93).
As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the sulfate coating of Choi to the active material of Yokoyama in order to improve the structural stability and the lifespan of high nickel active materials. Such a modification would result in the sulfate coating communicating with the internal pores such that it places a sulfate within the internal pores/cavities.
Regarding claim 7, Yokoyama further discloses the sulfur element content in the secondary particle is 0.01 wt % to 0.1 wt % (as shown in Table 1), as an XPS photoelectron peak binding energy range of the sulfur element in the positive electrode material is 168±2 eV; when the sulfur element content in the secondary particle is 0.01 wt % to 0.05 wt %, the XPS photoelectron peak binding energy range of the sulfur element in the positive electrode material is 168.5±1 eV (as modified above, Choi teaches a binding energy of the sulfur is 168.5-169.6 eV (see paragraph 56).
Relevant Prior Art
US 2018/0026267 – Discloses a high nickel NMC positive active material comprising primary and secondary particles and teaches that pores within the particle have a porosity of 1-8% and a size of 10-100 nm, similar to that claimed.
US 2015/0364761 – Discloses a positive active material comprising sulfur where the sulfur remains in the sulfate state in the final material, similar to that of the instant disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/MATTHEW J MERKLING/ Primary Examiner, Art Unit 1725
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