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 arguments, see pages 7-8, filed 6/1/26, with respect to restriction have been fully considered and are persuasive. The restriction of the claims have been withdrawn.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
The claims use the acronym for transition metal “TM”, but it is suggested to spell out this acronym.
To Claim 1, last paragraph where it says “. .. . in accordance with to.. . . “. This is unclear and it is suggested to remove “to” or amend this portion of the claim.
Appropriate correction is required.
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 1-13 are 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.
Claims 1, line 1 and Claim 7, line 1 describes a “particulate oxyhydroxide or oxide of TM”. Formula (I) describes a mixed transition metal that is in neither oxyhydroxide or oxide-form.
Claim 1, last para uses the words “for example”, this is unclear if this is further limiting.
As to Claim 9, lines 2 and 6-7 conflict. Line 2 states that the “number based particle diameter distribution” and then lines 6-7 states that the range is describing a “volume based particle diameter”. The size is either a number-based diameter or a volume-based. For examination purposes, this feature will be treated as describing either situation.
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.
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, 2, 4, 5, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baeuerlein (US Pub.: 2005/0221179) and in view of Cheon (US Pub.: 2006/0093920) and in view of Zhang (US Pub.: 2010/0173203).
Baeuerlein describes a mixed nickel hydroxide cathode material that includes a bimodal particle size distribution (abstract). The composition consists of nickel and at least one of: magnesium, calcium, zinc, cobalt, aluminum, manganese, iron, chromium and rare earth metals (para. 28). The composite metal is in a mixed oxide form (para. 30, 40) combined with a nickel hydroxide (para. 28), which can be considered the oxyhydroxide of Claim 7.
Although Baeuerlein does not specifically state that the mixed metal includes cobalt, manganese and one of either: Mg, Al, Ti, Zr, Mo, W, Al, Mg, Nb or Ta, since Baeuerlein explains that the mixed metal oxide can include cobalt, manganese and magnesium, aluminum and other metals in the composite oxide of Claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include these in the mixed metal oxide of Baeuerlein.
The reference does not describe the mole ratios of each in the composite oxide however.
As to the size, Baeuerlein explains that their mixed nickel hydroxide cathode has a bimodal size distribution that allows a lowering of the tamped density (para. 22). The bimodal distribution allows a higher occupation of space to be achieved rather than monomodal distributions and more contact sites between individual particles, which improves durability and increases the BET surface area (para. 22). As to the size, Baeuerlein shows a size range in Figures 4 and 5. The particles show a bimodal size distribution where ethe first peak ranges from 0.1 to about 1.5µm and a second peak ranging from 2-30µm. A prima facie case of obviousness exists where the claimed ranges and prior art ranges overlap or are close enough that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05 I.”
As to the molar ratios, Baeuerlein teaches a nickel-based cathode that can include cobalt, manganese and another metal, such as aluminum in the form of an oxide (para. 28). The reference does not describe the molar ratios of each.
Cheon describes a positive battery compound (title). The mixed metal oxide can include a positive active material that is then intercalated with lithium (para. 38). The active material may have the composition of:
LiaNibCocMndMeO2
Where the variable parameters follow the ranges of:
0.9≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5 and 0.001≤e≤0.1 (para. 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the molar ratios of cobalt, manganese and another metal, such as aluminum in the form of an oxide in the amount of 0.9≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5 and 0.001≤e≤0.1 in the mixed oxide of LiaNibCocMndMeO2, as taught by Cheon for use with the mixed oxide of Baeuerlein because the molar amounts of each metal would predictable lead to expected effectiveness in a positive active material of a battery.
As to determining the specific surface area using nitrogen adsorption with DIN-ISO-9277:2003-05 and the use of X-Ray measurements for the crystallite size and determining the particle size using a dynamic laser scatting or electroacoustic spectroscopy, although Baeuerlein does not specifically teach how the size, surface area or crystallite size are determined, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that any method for determining the size, surface area or crystallite size are effective means to determine these features of the mixed metal oxides.
As to the different crystallite sizes in the two different particle sizes, specifically, that the particles with a size of 2.1 to 4µm have a vertical primary crystallite size that is 1.05 to 3 times higher than the particles with a size of 0.8 to 2µm, although the references do not disclose this feature, since the process of making is the same, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the same method of making would produce the same product with the same characteristics.
As to the features in steps a, b and c, Baeuerlein describes the process includes combining a nickel salt with an alkali metal ion (para. 40) that can be in the form of NaOH (para. 43). The pH of the solution ranges from 9.8-13.7 (para. 49). The mixture can include a complexing agent, such as ammonia (para. 72). The solution is filtered using solid-liquid separation (para. 46).
As to steps d-g, Baeuerlein explains that after making the bimodal hydroxide, the reactor was emptied and started up again (para. 78). In some cases, Baeuerlein explains that the products reacted in apparatus 7 are recycled back into the reactor (para. 65). As to the heating, Baeuerlein explains that the process heats the reaction solution from a temperature of 15-85 degrees C (para. 62). Therefore, since the product is recycled, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that some of the product recycled back into the reactor is heated from 15-85 degrees C, which would meet the feature of step g. This can also be considered a continuous mode, as described by Claim 1. The metal oxide can include cobalt and/or manganese (para. 41).
As to step g, Baeuerlein explains that their product combines a main population of particles with one size distribution and then a secondary population of particles with a different size distribution (Claim 1).
The produced cathode particles are filtered to obtain the final product (Claim 11).
As to the nickel being soluble, Baeuerlein teaches use of a nickel hydroxide precursor (para. 40), but does not describe that the nickel precursor is water soluble.
Zhang describes a method of making a cathode composition (title) that includes nickel with other metals (para. 29). Zhang explains that nickel hydroxide precursor used in making a nickel-based cathode can be replaced using a soluble nickel salt (para. 29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a soluble nickel salt, as taught by Zhang for use with the nickel precursor of Baeuerlein and Cheon because Zhang explains that a soluble nickel salt is an effective replacement as a nickel precursor in place of a nickel hydroxide precursor.
As to Claim 2, Baeuerlein teaches that their reactor has a clarifying apparatus (para. 64). The clarifying apparatus has a stirring feature (para. 65 and Fig. 2) used in their loop reactor (para. 65), which is used in a continuous process (para. 37, 39, 40). The clarifying apparatus is where the nickel solution and alkali metal are mixed (para. 64). Although Bauerlein does not specifically teach that the stirring reactor is continuous, since the entire process is a continuous process, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the stirring reactor is continuous because it is part of the continuous process.
As to Claims 4 and 5, Baeuerlein teaches that the process reuses the same solution to make the other particles (see above). Therefore, the cathode composition of Baeuerlein has the same composition for the different particles.
As to Claim 13, Baeuerlein teaches that their product is used to make batteries (para. 19) and combined with lithium (para. 44).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baeuerlein, Cheon and Zhang as applied to claim 1 above, and further in view of Ho (KR 2019/0089914).
Baeuerlein teaches that the product can be mixed with lithium (Claim 21), but the references do not describe the feature of Claim 3.
Ho describes a method of manufacturing cathode material for secondary battery (title), specifically the manufacture of a lithium ion battery (see “technical field”, para. 1). The process describes mixing a dried cathode material precursor with one or more lithium salt (step 8), followed by firing and heating (step 9) to make a lithium-containing cathode composition containing nickel, manganese, cobalt oxide (page 4, third para from the bottom).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to process the cathode by mixing it with lithium and heating it, as taught by Ho for use with the cathode precursor of Baeuerlein, Cheon and Zhang because this is known to produce a lithium ion battery.
Claim(s) 6, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baeuerlein, Cheon and Zhang or Baeuerlein and Cheon as applied to claims 1 or 7 above, and further in view of Lee (KR 2019/0058367).
The references do not teach that the metal compositions of the particles obtained in steps c and f are different.
Lee describes a cathode material (title) that has a bimodal composition and includes lithium, nickel and cobalt oxide (abstract). The particles used in the cathode material can have different compositions (page 3, lines 28-30).
Lee teaches that the cathode active material can include a first cathode active material and a second cathode active material (page 5, lines 10-15). The cathode active material can either have the same content or the content of one or more metal elements may be changed and the metal content can have a concentration gradient (page 5, lines 10-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ two different cathode active materials, as taught by Lee for use with the cathode active material of Baeuerlein, Cheon and Zhang or Baeuerlein and Cheon because Lee explains that cathode active material can either have the same content or different content.
Claim(s) 7, 8, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baeuerlein (US Pub.: 2005/0221179) and in view of Cheon (US Pub.: 2006/0093920).
Baeuerlein describes a mixed nickel hydroxide cathode material that includes a bimodal particle size distribution (abstract). The composition consists of nickel and at least one of: magnesium, calcium, zinc, cobalt, aluminum, manganese, iron, chromium and rare earth metals (para. 28). The composite metal is in a mixed oxide form (para. 30, 40) combined with a nickel hydroxide (para. 28), which can be considered the oxyhydroxide of Claim 7.
Although Baeuerlein does not specifically state that the mixed metal includes cobalt, manganese and one of either: Mg, Al, Ti, Zr, Mo, W, Al, Mg, Nb or Ta, since Baeuerlein explains that the mixed metal oxide can include cobalt, manganese and magnesium, aluminum and other metals in the composite oxide of Claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include these in the mixed metal oxide of Baeuerlein.
The reference does not describe the mole ratios of each in the composite oxide however.
As to the size, Baeuerlein explains that their mixed nickel hydroxide cathode has a bimodal size distribution that allows a lowering of the tamped density (para. 22). The bimodal distribution allows a higher occupation of space to be achieved rather than monomodal distributions and more contact sites between individual particles, which improves durability and increases the BET surface area (para. 22). As to the size, Baeuerlein shows a size range in Figures 4 and 5. The particles show a bimodal size distribution where ethe first peak ranges from 0.1 to about 1.5µm and a second peak ranging from 2-30µm. A prima facie case of obviousness exists where the claimed ranges and prior art ranges overlap or are close enough that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05 I.”
As to the molar ratios, Baeuerlein teaches a nickel-based cathode that can include cobalt, manganese and another metal, such as aluminum in the form of an oxide (para. 28). The reference does not describe the molar ratios of each.
Cheon describes a positive battery compound (title). The mixed metal oxide can include a positive active material that is then intercalated with lithium (para. 38). The active material may have the composition of:
LiaNibCocMndMeO2
Where the variable parameters follow the ranges of:
0.9≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5 and 0.001≤e≤0.1 (para. 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the molar ratios of cobalt, manganese and another metal, such as aluminum in the form of an oxide in the amount of 0.9≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5 and 0.001≤e≤0.1 in the mixed oxide of LiaNibCocMndMeO2, as taught by Cheon for use with the mixed oxide of Baeuerlein because the molar amounts of each metal would predictable lead to expected effectiveness in a positive active material of a battery.
As to determining the specific surface area using nitrogen adsorption with DIN-ISO-9277:2003-05 and the use of X-Ray measurements for the crystallite size and determining the particle size using a dynamic laser scatting or electroacoustic spectroscopy, although Baeuerlein does not specifically teach how the size, surface area or crystallite size are determined, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that any method for determining the size, surface area or crystallite size are effective means to determine these features of the mixed metal oxides.
As to the different crystallite sizes in the two different particle sizes, specifically, that the particles with a size of 2.1 to 4µm have a vertical primary crystallite size that is 1.05 to 3 times higher than the particles with a size of 0.8 to 2µm, although the references do not disclose this feature, since the process of making is the same, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the same method of making would produce the same product with the same characteristics.
As to determining the specific surface area using nitrogen adsorption with DIN-ISO-9277:2003-05 and the use of X-Ray measurements for the crystallite size and determining the particle size using a dynamic laser scatting or electroacoustic spectroscopy, although Baeuerlein does not specifically teach how the size, surface area or crystallite size are determined, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that any method for determining the size, surface area or crystallite size are effective means to determine these features of the mixed metal oxides.
As to Claims 8 and 9, Baeuerlein describes the composition cathode material can be in the form of nickel hydroxide combined with a mixed metal oxide (para. 28 and 30) with a bimodal size range of 0.1 to about 1.5µm and a second peak ranging from 2-30µm (see Fig. 5).
As to (D90)-(D10)/(D50), the table at Fig. 5 shows that the D10 is about 3, the D90 is about 27 and the D50 is about 15. Plugging these values in the formula, the value is about 1.6.
As to Claim 10, the two different mixed metal oxyhydroxide of Baeuerlein can be considered a mixture of two materials with essentially the same elemental composition (see rejection of Claim 1).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baeuerlein and Cheon as applied to claim 7 above, and further in view of Olbrich (CN 1524062).
The references do not specifically state that the particles in the second maximum have a higher content of nickel that the particles in the first maximum.
Olbrich describes a means for making a nickel-containing particle (title) for use in cathodes (page 3, lines 3, 8). The composition can include spherical particles (page 3, para. 5) made by combining nickel salts with alkali metal salts and ammonia (page 3, para. 6). The amount of nickel salt added are added in different locations to generate different precipitation conditions (page 3, para. 7) to produce different nickel concentrations (page 3, para. 7-9). The nickel solution with different concentrations are separated from the reactor (page 4, para. 2). The resulting particles have a bimodal particle size due to the use of different precipitation kinetics (page 4, para. 10). Olbrich explains that smaller crystals give larger initial charge/discharge, while larger crystals give long term stability (page 2, second to last para). The size of the particles of the nickel hydroxide depend on the crystal size (see page 2, last para).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ different particles sizes with different nickel concentrations, as taught by Olbrich for use with the nickel-containing particles of Baeuerlein and Cheon because different nickel-containing particles with different sizes and different nickel concentrations are known to give different charge/discharge and stability features.
As to Claim 13, Baeuerlein teaches that their nickel compound is used for batteries (title). As to the composition, Cheon describes a positive battery compound (title). The mixed metal oxide can include a positive active material that is then intercalated with lithium (para. 38). The active material may have the composition of:
LiaNibCocMndMeO2 (para. 38).
The obviousness statement used with Claim 7 is reiterated here.
Conclusion
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/SHENG H DAVIS/Primary Examiner, Art Unit 1732 August 5, 2026
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