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 § 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.
(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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102 (a) (1 and 2) as being anticipated by MIKAMI (US 20220006082).
Regarding claim 1, Mikami teaches, a positive electrode active material having a layered rock salt structure (the layered rock-salt crystal structure included in the positive electrode active material, 0144). Wherein the layered rock salt structure includes as constituting elements: at least one transition metal element of Ni, Co and Mn; Mg; Li; and O (embodiment of the present invention is a positive electrode active material containing lithium, cobalt, and oxygen…embodiment of the present invention further contains magnesium, 0087). The Mg content in the positive electrode active material is 0.1 mass % or more and 5.0 mass % or less (concentration of magnesium with respect to cobalt atoms in the positive electrode active material is preferably higher than or equal to 0.1 atomic % and lower than or equal to 6.0 atomic %, 0088); mass % of Mg in the positive electrode active material of prior art was calculated to be 1.42% based on atomic % described (see amounts of components in paragraph 0443). The layered rock salt structure has c-axis length of 13.46 Å or more and 14.20 Å or less (in the positive electrode active material of the present invention it is preferable that the lattice constant of the c-axis be greater than or equal to 14.045×10.sup.−1° m (14.045 Å) and less than or equal to 14.065×10.sup.−10 m (14.065 Å), 0091).
Regarding claim 2, Mikami teaches, a method of manufacturing a positive electrode active material, the method comprising: obtaining a first mixture including at least one transition-metal element of Ni, Co and Mn and Li, and free of Mg, firing the first mixture, (in the section, manufacturing method of positive electrode active material, FIG. 8 is described to have a mixture of Li and a transitional metal undergoing a first heat treatment or baking, 0167-0181). To obtain a precursor having a layered rock salt structure, (the composite oxide containing lithium and the transition metal in Step S25 preferably has a layered rock-salt crystal structure, 0189). Mikami teaches that Cobalt is favorably used as the transition metal (0178). Mixing the precursor with a Mg source to obtain a second mixture (in Step S31, the first mixture obtained in Step S14 and the composite oxide containing lithium and the transition metal obtained in Step S25 are mixed, 0190 and FIG. 9). Firing the second mixture to obtain a positive electrode active material having a layered rock salt structure and containing 0.1 mass% or more and 5.0 mass% or less of Mg (in Step S34, heat treatment is performed on the second mixture, 0196 and FIG.9). As previously noted Mikami teaches forming a material comprising 1.42% mass Mg (0443).
Regarding claim 3, Mikami teaches forming a secondary battery with a positive electrode and a negative electrode (0022). Such positive electrode has the claimed composition as noted above for the rejection of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS E VENTURA HERNANDEZ whose telephone number is (571)270-1889. The examiner can normally be reached Monday- Friday 9:30am-4:00pm.
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, Phillip Tucker can be reached at (571) 272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOUGLAS EDENILSON VENTURA HERNANDEZ/Examiner, Art Unit 1745
/PHILIP C TUCKER/Supervisory Patent Examiner, Art Unit 1745
Prosecution Insights